prohibiting tier III criminal offenders from being present in designated child safety zones absent a legitimate purpose.
What changed between versions
The bill moved from amending RSA 644:6 (loitering or prowling) to adding a new section 651-B:13 within the criminal offender registration chapter, fundamentally changing the legal framework.
Covered locations changed: churches were removed; public parks, playgrounds, public swimming pools, and designated school bus stops currently in use by a school district were added. Schools are now specified as elementary or secondary only.
Coverage narrowed from tier II and tier III offenders convicted of a sexual offense against a child under 13 to only tier III offenders whose offense involved a victim under 18 years of age.
A new affirmative defense was created: the person was in the zone for a legitimate purpose, including transporting their own legal child, participating in constitutionally protected activity such as voting, or direct travel to or from a residence or employment established before the effective date.
The exclusion distance was reduced from 1,000 feet to 500 feet, measured in a straight line from the outer property boundary of the zone.
The introduced version required circumstances that would warrant alarm for safety; the amended version removes this subjective standard and makes mere knowing presence within 500 feet sufficient for a violation.
The penalty was escalated from a violation (misdemeanor level) to a class B felony, which carries a maximum sentence of 7 years in prison.
A prima facie evidence provision was added: written notice of the prohibitions during registration, or signage or open and obvious marking of the zone, serves as prima facie evidence that the person acted knowingly.
