Section 173-C:7 – Involuntary Waiver.
173-C:7 Involuntary Waiver. – The privilege established by this chapter shall not apply when the sexual assault counselor or the domestic violence counselor has knowledge that the victim has given perjured testimony and when the defendant has made an offer of proof that there is probable cause to believe that perjury has been committed. […]
Section 173-C:8 – Failure to Testify.
173-C:8 Failure to Testify. – Failure of any person to testify as a witness pursuant to the provisions of this chapter shall not give rise to an inference unfavorable to the prosecution or the defense. Source. 1985, 98:1, eff. May 10, 1985.
Section 173-C:9 – Appeal.
173-C:9 Appeal. – The victim shall have a right to interlocutory appeal to the supreme court from any decision by a court to require the disclosure of records or testimony of a rape crisis or domestic violence center or sexual assault or domestic violence counselor. Source. 1985, 98:1, eff. May 10, 1985.
Section 173-C:10 – Counselor’s Duty to Report Child Abuse.
173-C:10 Counselor’s Duty to Report Child Abuse. – The domestic violence or sexual assault counselor shall have the same reporting duties under RSA 169-C:29 as other professionals, providing that this duty shall not apply where a minor is seeking relief pursuant to RSA 173-B:3 for abuse by a spouse or former spouse of the […]
Section 173-C:3 – Assertion or Waiver of Privilege.
173-C:3 Assertion or Waiver of Privilege. – The privilege may be claimed or waived in all civil, administrative, and criminal legal proceedings, including discovery proceedings, by the following persons: I. The victim or an attorney on the victim’s behalf. II. The guardian of the victim, if the victim has been found incompetent by a […]
Section 173-C:4 – Partial Waiver.
173-C:4 Partial Waiver. – Waiver as to a specific portion of communication between the victim and the counselor shall not constitute a waiver of the privilege as to other portions of the confidential communication between victim and counselor, relating to the alleged crime. Source. 1985, 98:1, eff. May 10, 1985.
Section 173-C:5 – Limitation on the Privilege; Criminal Proceedings.
173-C:5 Limitation on the Privilege; Criminal Proceedings. – In criminal proceedings when a defendant seeks information privileged under this chapter in discovery or at trial, the procedure below shall be followed: I. A written pretrial motion shall be made by the defendant to the court stating that the defendant seeks discovery of records of […]
Section 173-C:6 – Locations of Centers Privileged.
173-C:6 Locations of Centers Privileged. – Notwithstanding any other provisions of this chapter, the location and the street address of a rape crisis center or domestic violence center are absolutely privileged. Source. 1985, 98:1, eff. May 10, 1985.
Section 173-B:19 – Compensation for Coordinating Domestic Violence Grant Program.
173-B:19 Compensation for Coordinating Domestic Violence Grant Program. – Compensation for the functions and duties of coordinating the program shall not exceed 30 percent of the total revenues of the fund. Source. 1999, 240:3, eff. Jan. 1, 2000.
Section 173-B:20 – Duties of Coordinator.
173-B:20 Duties of Coordinator. – The coordinator shall be a statewide organization or agency which has demonstrated its ability, at a minimum, to: I. Serve as a clearinghouse for information relating to domestic violence. II. Conduct educational programs on domestic violence, both for the general public and for specialized interest groups, such as law […]