Criminal Justice (Victims' Rights)

HB 1576 modernizes New Hampshire's criminal restitution system by requiring annual financial reviews of offenders to ensure payments align with their current ability to pay. It mandates automatic payment increases when offenders gain income (e.g., raises, inheritances) and retroactively applies these changes, with victims notified immediately. The bill adds enforcement tools like wage garnishment, tax refund interception, and license suspension for nonpayment, plus interest and penalties for intentional avoidance. Victims must receive quarterly payment updates and written notice of any delays or enforcement actions, with restitution funds disbursed within 45 days of receipt. This directly affects offenders ordered to pay restitution, victims awaiting payments, and the Department of Corrections as the enforcement agency.

HB 1633 requires health care providers, law enforcement, and other designated entities to provide sexual assault survivors with clear, written information about their existing rights regarding medical examinations and evidence preservation. The bill defines "sexual assault survivor" broadly to include individuals reporting non-penetrative assault, attempted rape (even without legal terminology), and deceased victims. It mandates the attorney general to post a simplified summary online detailing evidence collection timelines, preservation periods (up to 20 years or the statute of limitations), and survivors' right to request extended preservation of evidence kits. This ensures consistent, accessible information without creating new rights, focusing on transparency in how evidence is handled.

SB 625 allows immediate family members (parents, spouses, or children) of homicide victims to request an evidentiary hearing when the Department of Justice (DOJ) does not file criminal charges or seek a retrial after a hung jury in a homicide case. Families must first request a written explanation from the DOJ for not filing charges, and if they believe probable cause exists, they can petition a superior court to review the DOJ’s decision. The court will assess whether the evidence supports charging a suspect, potentially requiring the DOJ to provide investigative reports for private review and holding a hearing to evaluate witness credibility. If the court finds probable cause, it will recommend prosecution to the DOJ but only inform the family that probable cause exists - not the detailed recommendation.