After much debate, House passes bill to restrict sex offenders near child care programs, schools

After heated floor debates and a failed motion to table, the New Hampshire House of Representatives voted in favor of passing a bill that would prevent sex offenders from loitering around schools and child care facilities. 

In a voice vote, the House voted “ought to pass” on Senate Bill 460, which would alter the state’s sex offender law to create a “child safety zone” and prevent tier III sex offenders from being within 500 feet of the zone without a “legitimate purpose.” 

The bill defines child safety zones as public or private K-12 schools; licensed child care facilities; public parks, playgrounds, and pools; and designated school bus stop areas. It states that legitimate purposes include an offender transporting their own child to a safety zone; participating in a constitutionally protected activity, such as voting; and taking themselves to and from home or work, if established prior to the bill being enacted.

Under New Hampshire state law, tier III sex offenders are any offender convicted of more than two sexual offenses or offenses against a child, any offender civilly committed as a sexually violent predator, or otherwise required to register for an equivalent offense in another state. A violation of SB 460 would result in a class B felony. 

On the House floor and during the bill’s hearing, legislators and lobbyists have pushed back against the bill, citing ongoing issues with the state’s loitering laws and constitutionality.

House Bill 1239, the twin bill to SB 460, was voted down last month after arguments that the bill aimed to change New Hampshire’s currently contested loitering law.

In September, the American Civil Liberties Union of New Hampshire filed a federal lawsuit against the state, alleging that the current law is unconstitutional and unfairly targets homeless people because of its vague language. Fearing the bill would interfere with the lawsuit, the House voted it inexpedient to legislate.

During the March hearing on SB 460, the same concerns were raised. Gilles Bissonnette, lawyer and legal director for the ACLU of New Hampshire, said the initial version of SB 460 had “multiple layers of vagueness” and hoped an amendment would ease concerns.

Other concerns regarding constitutional usages of safety zone spaces, such as schools being used as voting locations, and requirements to notify offenders of the change were also raised.

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To avoid the same issue, the House Criminal Justice and Public Safety Committee voted in favor of an amendment that would alter the state’s sex offender laws instead. The amendment also reduces the level of offenders the bill would apply to from tier II and tier III to just tier III.

Jackie Cowell, executive director of Early Learning New Hampshire, an organization that represents and advocates for New Hampshire child care providers, said she was “OK” with the change because the Department of Safety was OK with the change. Cowell and other child care providers worked with the department to create the initial bill.

“The child care community was most interested in both safety and prevention, hoping people just prevent people from even trying,” she said. “Prevention of folks, so both the families and the staff and the children are safe. So we’re OK with that amendment, and watch to see that happens and see if that’s sufficient.”

During Thursday’s floor session, Rep. Buzz Scherr, a Portsmouth Democrat, urged representatives to vote against the bill due to his belief that it was “needlessly broad,” “still vague,” and would continue to cause unconstitutional problems.

Scherr argued that despite an amendment to the bill that would change the state’s sex offender laws instead, the bill still needed “substantial work” because it was “worse” than HB 1239 for different reasons. Scherr also spoke out against HB 1239.

Republican Rep. Terry Roy of Deerfield argued to the chamber that sex offenders are “sacrificing their rights” by committing crimes and that children should be allowed to go outside and play without having such encounters.

The amendment passed, and after a failed motion to table the bill, the chamber voted to pass SB 460.

The bill now heads to Gov. Kelly Ayotte’s desk to be signed into law, vetoed, or allowed to become law without her signature.