Title LXII, Criminal Code

I. Any person who, without authority, disseminates information contained in the DNA database shall be guilty of a class B misdemeanor. Any person who disseminates, receives, or otherwise uses or attempts to use information in the database, knowing that such dissemination, receipt…

I. The members of the council shall elect a chairperson from among the members. The first meeting of the council shall be called by the speaker of the house of representatives or the speaker's designee. The first meeting of the council shall be held within 45 days of the effectiv…

I. The court may, in its discretion, order a presentence investigation for a defendant convicted of a felony or a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the felony or misdemeanor was v…

The board shall: I. Be responsible for paroling prisoners from the state prison and recommitting those who have violated the conditions of parole, subject to the applicable provisions of this chapter; II. Have legal custody of all persons released on parole until they receive the…

I. The DNA testing and analysis under this chapter shall be performed under the direction of the division, following procedures in conformance with the federal "DNA Identification Act of 1994." Identifying characteristics of the resulting DNA profile shall be stored and maintaine…

I. Persons working at the center shall be subject to background investigations and appropriate levels of security clearances. Security policies shall govern admittance to the center and the access to and release of data. The co-managers of the center shall develop and maintain an…

Before a judge sentences or suspends or reduces the sentence of any person for 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 co…

In addition to any other information a person who is required to register is required to provide pursuant to RSA 651-B:4, such person shall report, within 5 business days after the first use, any online identifier he or she uses or has used. For purposes of this section, "online …

I. When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces. II. If the defendant is currently serving in the armed forces or is a veteran and has been diagnosed as hav…

I. Each participating agency, as a condition of access to the center, shall comply with the requirements of this chapter governing the collection, analysis, evaluation, maintenance, sharing, and expunging of information and data included as part of the inter-jurisdictional system…

I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the …

The board may appoint a director of operations who shall be an unclassified employee and shall serve at its pleasure. The salary of the director of operations shall be that established in RSA 94:1-a.

I. When there is a change to any of the information that a sexual offender or offender against children is required to report pursuant to this chapter, the offender shall give written notification of the new information to the local law enforcement agency to which he or she last …

I. A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed or the case dismissed, provided th…

When post-conviction DNA testing is being considered by the court, the state shall, upon request, reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation of the case, during the pendency of the proceedings, and, as determined by the …

The council shall submit a biennial report beginning on December 1, 2014, together with its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the sta…

Notwithstanding any provision of RSA 651:5 to the contrary, any person convicted of a criminal offense which occurred between May 14, 2014 and July 1, 2015, and while the person was 17 years of age, shall be entitled to an annulment of such conviction upon application to the cour…

Any person who was arrested or convicted for knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, 3/4 of an ounce of marijuana or less where the offense occurred before September 16, 2017 may, a…

The chief justice of the superior court shall appoint 3 superior court justices, senior justices, or retired superior court justices to constitute a board of 3 members to act as a review division of the court and shall designate one of these judges as division chairman. The term …

I. Any person sentenced to a term of one year or more in the state prison, except in any case in which a different sentence could not have been imposed, or the state of New Hampshire, may file with the clerk of the superior court for the county in which the judgment was rendered …

I. The review division has jurisdiction: to consider an appeal with or without a hearing; to review the judgment insofar as it relates to the sentence imposed; to review any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution …

The court, upon conviction, may order the offender to pay the cost of testing. The court shall include a statement describing the responsibility for the cost of testing in the sentencing order.

I. A convicted person may be sentenced according to paragraph III if the jury also finds beyond a reasonable doubt that such person: (a) Based on the circumstances for which he or she is to be sentenced, has knowingly devoted himself or herself to criminal activity as a major sou…

I. The center shall utilize effective and technologically advanced computer software and hardware designs to prevent unauthorized access to the information contained in the system. The center shall restrict access to its facilities, operating environment, and documentation to aut…

I. Any prisoner released on parole shall be given a permit by the board to be at liberty from prison during the unexpired portion of the maximum term of his or her sentence. The decision to release a prisoner shall be governed by the following rules: (a) A prisoner may be release…

I. All tier II or tier III offenders shall be registered for life. II. All tier I offenders shall be registered for a 10-year period from the date of release, provided that any such registration period shall not run concurrently with any registration period resulting from a subse…

If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the review division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of the review division…

The secretary-clerk shall attend all sittings of the review division, shall record all appointments to the division, notifying the clerk of the superior court in each county thereof, and shall record the proceedings of the division.

I. The legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim can operate to rehabilitate the offender. It…

As used in this subdivision, unless the context otherwise indicates: I. "Claimant" means a victim, dependent, or any person legally authorized to act on behalf of the victim. II. "Dependent" means any person who was wholly or partially dependent upon the victim for care and suppo…

I. Any offender may be sentenced to make restitution in an amount determined by the court. In any case in which restitution is not ordered, the court shall state its reasons therefor on the record or in its sentencing order. Restitution may be ordered regardless of the offender's…

[Paragraph I effective until June 1, 2027; see also paragraph I set out below.] I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic insta…

This subdivision does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an econ…

The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced him for a revocation of any unpaid portion of the restitution. If the court finds that the ci…

I. Any offender who is sentenced to make restitution under RSA 651:63, and who purposely violates the court's order by either failing to make restitution or by defaulting in the payment or performance of the restitution authorized, may be prosecuted for contempt. II. In the case …

The performance of uncompensated public service of a sort that in the opinion of the court, the commissioner of the department of corrections, the superintendent of a county correctional facility, or the parole board will foster respect for those interests violated by the defenda…

No individual who performs uncompensated public service under this subdivision for a person or organization shall receive any benefits that are provided to other employees.

I. Except as provided in this section, the records established and information collected pursuant to the provisions of this chapter shall not be considered "public records" subject to inspection under RSA 91-A:4. However, nothing in this chapter shall be construed to limit any la…

I. Any person who purposely obtains, receives, uses, disseminates to an unauthorized individual, or retains any personally identifiable information on individuals in contravention of the provisions of this chapter shall be guilty of a felony and subject to a fine of $1,000 for ea…

A prisoner serving a sentence of life imprisonment, except one convicted of murder in the first degree, one convicted of murder which was psycho-sexual in nature and committed prior to April 15, 1974, or one sentenced under RSA 632-A:10-a, III, may be given a life permit at any t…

I. Sentences imposed shall be proportional to the nature of the crime committed. Neither the defendant's race nor ethnicity shall be a factor considered in determining a sentence in a criminal case. II. The commissioner of the department of corrections shall collect data on the r…

No person or organization who utilizes the services of any person performing uncompensated public service under this subdivision shall be liable for any damages sustained by an individual while performing such services for the benefit of the person or organization or any damages …

A prisoner serving a sentence of life imprisonment who has been convicted of murder which was psycho-sexual in nature and committed prior to April 15, 1974, shall not be eligible for parole until he shall have served 40 years minus any credits earned under the provisions of RSA 6…

Whenever the grand jury shall omit to find an indictment against a person, for the reason of insanity or mental derangement, or a person prosecuted for an offense shall be acquitted by the petit jury for the same reason, such jury shall certify the same to the court.

The department of safety shall maintain and conduct periodic audits of data access performed by personnel assigned to the center at least annually. The audit shall consist of a review of authorized credentials of persons accessing the data, a random sampling of data input quality…

The department shall adopt rules, pursuant to RSA 541-A, relative to forms and procedures for the administration of this chapter.