Ares
1st March 2011, 02:20 PM
Those Convicted Would Be Tier III Sex Offenders
CONCORD, N.H. -- A House committee held a hearing Tuesday on a bill that would make it a sexual assault for an airport screener to touch or view a person's breast or genitals without probable cause.
The bill (HB628-FN) includes anyone working as a security agent of the federal, state, or local government, and includes touching or viewing with a "technological device."
The bill states "discussing or possessing a copy of the Constitution, discussing the security apparatus of an airport, being on the premises of an airport, possessing an airplane ticket or any other type of ticket for access to mass transportation, driving a motor vehicle on a public way, or ownership of firearms" should not be considered probable cause.
Anyone convicted of the offense would be classified as a tier III sex offender. Tier III sex offenders are registered for life and must remain on the public list of sex offenders.
The bill was heard by the House Criminal Justice Committee at 11:15 a.m.
FULL TEXT OF BILL (AS OF 3/1/2011):
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.
SPONSORS: Rep. Lambert, Hills 27; Rep. Manuse, Rock 5; Rep. L. Jones, Straf 1; Rep. Itse, Rock 9; Rep. Sapareto, Rock 5
COMMITTEE: Children and Family Law
ANALYSIS
This bill makes the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. This bill classifies persons convicted of the offense as tier III offenders under the criminal offenders registry.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0798
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Sexual Assault; Touching or Viewing by Government Security Agent. Amend RSA 632-A:4, I by inserting after subparagraph (c) the following new subparagraph:
(d) When the person, acting in his or her role as a security agent of the federal, state, or local government, touches the genitals or breasts of any other person or touches or views with any technological device the genitals or breasts of any other person without probable cause for such touching or viewing. For purposes of this subparagraph, the following shall not constitute probable cause: discussing or possessing a copy of the Constitution, discussing the security apparatus of an airport, being on the premises of an airport, possessing an airplane ticket or any other type of ticket for access to mass transportation, driving a motor vehicle on a public way, or ownership of firearms.
2 Registration of Criminal Offenders; Definitions; Sexual Offense. Amend RSA 651-B:1, V(a) to read as follows: (a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA�644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
3 Registration of Criminal Offenders; Definitions; Offense Against a Child. Amend RSA 651-B:1, VII(a) to read as follows: (a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA�632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA�644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.
4 Registration of Criminal Offenders; Definitions; Tier III Offender. Amend RSA 651-B:1, X(a) to read as follows: (a) RSA 630:1, I(e), RSA 630:1-a, I(b)(1), RSA 632-A:2, RSA 632-A:3, III, RSA 632-A:3, IV if the victim was under the age of 13, RSA 632-A:4, I(d), RSA 633:1; or RSA 639:2.
5 Effective Date. This act shall take effect 90 days after its passage.
LBAO
11-0798
01/19/11
HB 628-FN - FISCAL NOTE
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
http://www.wmur.com/politics/27035604/detail.html
CONCORD, N.H. -- A House committee held a hearing Tuesday on a bill that would make it a sexual assault for an airport screener to touch or view a person's breast or genitals without probable cause.
The bill (HB628-FN) includes anyone working as a security agent of the federal, state, or local government, and includes touching or viewing with a "technological device."
The bill states "discussing or possessing a copy of the Constitution, discussing the security apparatus of an airport, being on the premises of an airport, possessing an airplane ticket or any other type of ticket for access to mass transportation, driving a motor vehicle on a public way, or ownership of firearms" should not be considered probable cause.
Anyone convicted of the offense would be classified as a tier III sex offender. Tier III sex offenders are registered for life and must remain on the public list of sex offenders.
The bill was heard by the House Criminal Justice Committee at 11:15 a.m.
FULL TEXT OF BILL (AS OF 3/1/2011):
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.
SPONSORS: Rep. Lambert, Hills 27; Rep. Manuse, Rock 5; Rep. L. Jones, Straf 1; Rep. Itse, Rock 9; Rep. Sapareto, Rock 5
COMMITTEE: Children and Family Law
ANALYSIS
This bill makes the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. This bill classifies persons convicted of the offense as tier III offenders under the criminal offenders registry.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0798
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Sexual Assault; Touching or Viewing by Government Security Agent. Amend RSA 632-A:4, I by inserting after subparagraph (c) the following new subparagraph:
(d) When the person, acting in his or her role as a security agent of the federal, state, or local government, touches the genitals or breasts of any other person or touches or views with any technological device the genitals or breasts of any other person without probable cause for such touching or viewing. For purposes of this subparagraph, the following shall not constitute probable cause: discussing or possessing a copy of the Constitution, discussing the security apparatus of an airport, being on the premises of an airport, possessing an airplane ticket or any other type of ticket for access to mass transportation, driving a motor vehicle on a public way, or ownership of firearms.
2 Registration of Criminal Offenders; Definitions; Sexual Offense. Amend RSA 651-B:1, V(a) to read as follows: (a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA�644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
3 Registration of Criminal Offenders; Definitions; Offense Against a Child. Amend RSA 651-B:1, VII(a) to read as follows: (a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA�632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA�644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.
4 Registration of Criminal Offenders; Definitions; Tier III Offender. Amend RSA 651-B:1, X(a) to read as follows: (a) RSA 630:1, I(e), RSA 630:1-a, I(b)(1), RSA 632-A:2, RSA 632-A:3, III, RSA 632-A:3, IV if the victim was under the age of 13, RSA 632-A:4, I(d), RSA 633:1; or RSA 639:2.
5 Effective Date. This act shall take effect 90 days after its passage.
LBAO
11-0798
01/19/11
HB 628-FN - FISCAL NOTE
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
http://www.wmur.com/politics/27035604/detail.html