RSA 169-B:35-a - Access to Information by Victims of Violent Crime

Cite as:RSA 169-B:35-a
Currency:Current through Chapter 346 of the 2019 Legislative Session

I.For the purposes of this section:

(a) "Victim'' shall mean a person who suffers direct physical, emotional, or psychological harm as a result of the commission of a violent crime. "Victim'' also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim.

(b) "Immediate family'' shall mean a victim's spouse, parent, sibling, or child; a person acting in loco parentis for the victim; or anyone related to the victim by blood or marriage and living in the same household as the victim.

(c) "Violent crime'' shall mean capital, first-degree or second-degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first-degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, as these crimes are defined by statute.

II.In cases where a minor is charged with a violent crime and in addition to the provisions of RSA169-B:34, a victim of violent crime shall have the rights provided in this paragraph. Upon request to the prosecution, the victim shall be entitled to the following:

(a) Prior to the disposition of the minor pursuant to RSA169-B:19 or a transfer hearing pursuant to RSA169-B:24, to:

(1) Be informed of the name, age, address, and custody status of the minor arraigned or adjudicated for the violent crime;

(2) Be informed of all court proceedings conducted pursuant to RSA 169-B;

(3) Confer with the prosecution and be consulted about the disposition of the case, including plea bargaining;

(4) Be informed of case progress and final disposition;

(5) Have input in the juvenile predispositional report;

(6) Appear and make a written or oral victim impact statement at the dispositional hearing or, in the case of a plea bargain, prior to any plea bargain agreement; and,

(7) Be informed of an appeal, receive an explanation of the appeal process, and receive notice of the result of the appeal.

(b) Subsequent to the disposition of a minor adjudicated for a violent crime, the victim shall receive notice of all review hearings conducted pursuant to RSA169-B:31 and notice of any change in placement, temporary release or furlough, interstate transfer, parole, runaway, escape, or release of the minor.

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