Nullification: New Hampshire Bill Would Make Some Airport Screening A Sexual Assault

from The Patriot Update and WMUR TV Channel 9 (New Hampshire):

Bill Would Make Some Airport Screening Sexual Assault


Those Convicted Would Be Required To Register As Sex Offenders

POSTED: 8:15 am EST March 1, 2011

UPDATED: 6:12 pm EST March 1, 2011

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CONCORD, N.H. -- Lawmakers and residents engaged in heated debate Tuesday over a bill that would make random airport security pat-downs and body scans criminal in New Hampshire.



The bill (HB628-FN) "makes the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault," according to the introductory text of the bill.



"Let's put their name on the sex offender registry, and maybe that will tell them New Hampshire means business," said bill co-sponsor Rep. Andrew Manuse, R-Derry.



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"That is a crime in this state, and we should charge them every single time," said bill co-sponsor Rep. George Lambert, R-Litchfield.



It wasn't a large crowd in support of the bill, but the support was passionate. Concord's Darren Tapp said security procedures cost him a trip home for the holidays in December.



"This time, the news is talking about enhanced pat-downs," he said. "I cried on the phone with my mother that I did not wish to submit to enhanced pat-downs."



Transportation Security Administration officials would not comment on the proposed legislation except to say that security checkpoints are under federal jurisdiction. Some members of the Criminal Justice Committee said that it is a federal issue.



Nov. 18 Report: Woman Says She Was Brought To Tears By Body Scan



"We have to understand that if things need to be changed, they have to be done at the federal level, not the state level," said Rep. Laura Pantelakos, D-Portsmouth.



Some backers of the bill said TSA needs to do away with random screenings altogether and instead search only those passengers who look or act suspicious. But others said that would raise the problem of profiling.



Boston-Manchester Regional Airport does not have the controversial body scanners that can see through a person's clothes.





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FULL TEXT OF BILL (AS OF 3/1/2011):

AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.



SPONSORS: Rep. Lambert, Hills 27; Rep. Manuse, Rock 5; Rep. L. Jones, Straf 1; Rep. Itse, Rock 9; Rep. Sapareto, Rock 5



COMMITTEE: Children and Family Law



ANALYSIS

This bill makes the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. This bill classifies persons convicted of the offense as tier III offenders under the criminal offenders registry.

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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.

11-0798

03/04



STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Subparagraph; Sexual Assault; Touching or Viewing by Government Security Agent. Amend RSA 632-A:4, I by inserting after subparagraph (c) the following new subparagraph:

(d) When the person, acting in his or her role as a security agent of the federal, state, or local government, touches the genitals or breasts of any other person or touches or views with any technological device the genitals or breasts of any other person without probable cause for such touching or viewing. For purposes of this subparagraph, the following shall not constitute probable cause: discussing or possessing a copy of the Constitution, discussing the security apparatus of an airport, being on the premises of an airport, possessing an airplane ticket or any other type of ticket for access to mass transportation, driving a motor vehicle on a public way, or ownership of firearms.



2 Registration of Criminal Offenders; Definitions; Sexual Offense. Amend RSA 651-B:1, V(a) to read as follows: (a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA�644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.



3 Registration of Criminal Offenders; Definitions; Offense Against a Child. Amend RSA 651-B:1, VII(a) to read as follows: (a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA�632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA�644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.



4 Registration of Criminal Offenders; Definitions; Tier III Offender. Amend RSA 651-B:1, X(a) to read as follows: (a) RSA 630:1, I(e), RSA 630:1-a, I(b)(1), RSA 632-A:2, RSA 632-A:3, III, RSA 632-A:3, IV if the victim was under the age of 13, RSA 632-A:4, I(d), RSA 633:1; or RSA 639:2.



5 Effective Date. This act shall take effect 90 days after its passage.



LBAO

11-0798

01/19/11

HB 628-FN - FISCAL NOTE

AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.



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