HB 369-FN - AS AMENDED BY THE HOUSE
13Feb2025... 0167h
2025 SESSION
25-0419
09/11
HOUSE BILL 369-FN
AN ACT relative to misdemeanor sexual assault prosecutions.
SPONSORS: Rep. Potenza, Straf. 19; Rep. Bjelobrk, Graf. 5; Rep. Kuttab, Rock. 17; Rep. Sabourin, Rock. 30; Rep. Lynn, Rock. 17; Rep. Burnham, Straf. 2; Sen. Ricciardi, Dist 9; Sen. Sullivan, Dist 18
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill requires a defendant charged with a misdemeanor sexual assault of a minor under the age of 18 to elect whether to proceed in circuit court and waive his or her right to a jury trial or to immediately appeal to superior court for a jury trial.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Feb2025... 0167h 25-0419
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to misdemeanor sexual assault prosecutions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Courts; Jurisdiction; Appeals from Sentence. Amend RSA 502-A:12, I to read as follows:
I. A person sentenced by a district court for a class A misdemeanor after trial or after proceedings pursuant to [District Court Rule 2.14] Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except [in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a] as provided in RSA 632-A:9-a.
2 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows:
599:1 Appeals. Except as provided in RSA 632-A:9-a, a person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.
3 New Section; Sexual Assault and Related Offenses; Cases Involving Misdemeanor Sexual Assaults Against Minors. Amend RSA 632-A by inserting after section 9 the following new section:
632-A:9-a Misdemeanor Sexual Assault Prosecutions with Victim Less Than 18 Years of Age.
I. In any prosecution for a violation of RSA 632-A:4 involving a victim less than 18 years of age at the time the prosecution is commenced, and which is brought in the circuit court, the defendant may elect to either:
(a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of Rule of Criminal Procedure 21(a); or
(b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.
II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.
4 Effective Date. This act shall take effect January 1, 2026.
25-0419
2/19/25
HB 369-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2025-0167h)
AN ACT relative to misdemeanor sexual assault prosecutions.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2026 through 2028.
AGENCIES CONTACTED:
Judicial Branch