Signed by Governor Chris Sununu

Vote Smart's Synopsis:

Vote to amend and pass a bill that repeals the statute of limitations requirements for sexual assault lawsuits.

Highlights:

• Requires the office of victim/witness assistance to develop a crime victims’ rights card that describes the rights of crime victims and other helpful information (Sec. 2).

• Authorizes the claimant to be reimbursed up to $40,000 for reasonable out-of-pocket expenses, medical expenses, funeral expenses, counseling expenses, rehabilitative expenses, expenses associated with the victim's participation in post-conviction proceedings and victim-offender dialogue programs or other restorative justice programs, and lost wages directly resulting from the crime (Sec. 3).

• Requires any person who was a child victim of physical or sexual abuse, or any person who was a child when a parent or sibling was a victim of homicide, to be eligible for victims’ compensation regardless of the date of the crime (Sec. 5).

• Establishes a committee on the needs of crime victims and the enforcement of crime victims rights, which is required to (Sec. 8):

• Review the needs and services for victims of crime, and provide recommendations concerning addressing needs and enhancing services for victims of crime;

• Review the existing mechanisms and resources for the enforcement of the rights of victims of crimes and provide recommendations on enhancing enforcement of the rights of victims' rights;

• Solicit testimony and input from the victims of crime and members of the general public; and

• Study other matters related to the needs of victims of crime as the committee may determine.

• Requires an employer to allow an employee who is a victim of a crime to leave work so that the employee can attend court or other legal or investigative proceedings associated with the prosecution of the crime (Sec. 9).

• Authorizes a person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2, to commence a personal action at any time (Sec. 11).

• Authorizes a person, alleging to have been subjected to any offense under RSA 632-A or an offense under RSA 639:2 by a governmental unit, to commence an action at any time after the injury or damage occurs (Sec. 12).

• Repeals provisions exempting classifications of sexual assault in the case of legally married spouses (Sec. 13 & 14).

• Prohibits the selling or offering for sale of over-the-counter rape test kits in the state (Sec. 17).

• Requires each institution of higher education to adopt a policy on sexual misconduct, consistent with applicable state and federal law, which is publicly available in conspicuous campus locations and accessible on the institution’s website (Sec. 18).

• Defines “sexual misconduct” as an incident of sexual violence, dating violence, domestic violence, gender-based violence, violence based on sexual orientation or gender identity or expression, sexual assault or harassment, or stalking, as defined by each institution in its code of conduct, in a manner consistent with applicable federal definitions (Sec. 18).

• Requires such policy to include, but not be limited to (Sec. 18):

• Procedures by which students and employees at the institution may report or disclose alleged incidents of sexual misconduct regardless of where the offense occurred;

• Information on where to receive immediate emergency assistance following an alleged incident of sexual misconduct;

• Descriptions of and contact information for the types of counseling and health, safety, academic, and other support services available within the local community or region or through a rape crisis center or domestic violence center, or the name and contact information for organizations that support students accused of sexual misconduct;

• The rights and obligations of students and employees to:

• Notify or decline to notify law enforcement, including campus, local and state police, of an alleged incident of sexual misconduct;

• Receive assistance from campus authorities in making any such notification; and

• Obtain a court- or institution-issued protective order against a responding party of the incident of sexual misconduct;

• The process for requesting supportive measures reasonably available from the institution;

• The contact information for the closest local, state, and federal law enforcement agencies with jurisdiction over matters involving sexual misconduct and procedures for students to notify the institution that a protective order has been issued under state or federal law and the institution's responsibilities upon receipt of such notice;

• A summary of the institution's procedures for investigating, adjudicating, and resolving sexual misconduct complaints, including an explanation of all procedures which shall be followed to obtain investigatory reports and gather evidence, and potential sanctions which may be imposed;

• A summary of the institution's employee disciplinary process as it pertains to sexual misconduct; and

• The range of sanctions or penalties the institution may impose on students and employees found responsible for a violation of the applicable institutional policy prohibiting acts of sexual misconduct.

• Requires each institution of higher education to biennially conduct a sexual misconduct climate survey of all students, which then must be posted on the institution's website (Sec. 18).

• Requires the establishment of a task force on sexual misconduct at institutions of higher education (Sec. 18).

• Requires each institution of higher education to adopt policies and procedures with the local law enforcement agency to establish the respective roles and responsibilities of each party related to the prevention of and response to on-campus and off-campus sexual misconduct (Sec. 18).

• Requires each institution of higher education to establish a campus security policy that includes the designation of at least one confidential resource advisor (Sec. 18).

• Establishes the right for a victim to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to a confidential resource advisor (Sec. 18).

• Requires an institution of higher education to provide mandatory annual sexual misconduct primary prevention and awareness programming for all students and all employees (Sec. 18).

• Requires an institution of higher education to enter into and maintain a memorandum of understanding with a rape crisis center or domestic violence center (Sec. 18).

• Authorizes the director, upon a determination that an institution of higher education has violated or failed to carry out any provision of this bill, to impose a civil penalty for each violation up to $150,000 (Sec. 18).

Full Bill Text