STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Seven

AN ACT relative to holiday restrictions for certain offenders against children.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Registration of Criminal Offenders; Holiday Restrictions.
Amend RSA 651-B by inserting after section 4-a the following new section:

651-B:4-b Holiday Restrictions for Certain Offenders Against Children.
I. In this section, "covered person" means an offender against children required to register under this chapter whose offense against a child involved a victim under 18 years of age, and who:
  (a) Is on probation, parole, or other supervised release on or after the effective date of this section; or
  (b) Commits the offense requiring registration on or after the effective date of this section.
II. A covered person shall not engage in the conduct in paragraph III:
  (a) On October 31 of each year, from 3:00 p.m. until 10:00 p.m., local time, and during any other period a municipality has designated for trick-or-treating;
  (b) On Easter Sunday of each year, and on the Saturday immediately before Easter Sunday, from 8:00 a.m. until 8:00 p.m., local time; and
  (c) On December 24 and December 25 of each year, from 8:00 a.m. until 9:00 p.m., local time.
III. During the times in paragraph II, a covered person shall not:
  (a) Distribute candy, treats, or other gifts to any person under 18 years of age;
  (b) Permit the distribution of candy, treats, or other gifts to any person under 18 years of age from the covered person's residence;
  (c) Wear a costume, mask, or disguise for the purpose of attracting or interacting with persons under 18 years of age; or
  (d) On October 31 and during any municipal trick-or-treat period only, display exterior Halloween decorations, or exterior residential lighting other than lighting used year-round for security or walkways, at the covered person's residence, when the decoration or lighting is displayed for the purpose of attracting children to the residence.
IV. This section shall not apply to activities involving only the covered person's own children or grandchildren, where no other person under 18 years of age is present.
V. This section shall not require any person to post a sign or make any other statement.
VI. (a) Within 30 days after the effective date of this section, the department shall cause written notice of the requirements of this section to be provided to each covered person then on probation, parole, or other supervised release, and to each local law enforcement agency that registers offenders under this chapter.
  (b) Thereafter, the local law enforcement agency shall provide written notice of the requirements of this section to each covered person at the person's next in-person registration under RSA 651-B:4, and the court or releasing authority shall include such notice when advising an offender of registration duties under RSA 651-B:3.
VII. Any person who knowingly violates this section shall be guilty of a class B misdemeanor for a first offense and a class A misdemeanor for any subsequent offense.
VIII. Nothing in this section shall prohibit a political subdivision of the state from adopting an ordinance or bylaw that imposes additional holiday restrictions on persons required to register under this chapter, provided the ordinance or bylaw does not restrict the residence of a sexual offender or an offender against children in violation of RSA 651-B:13.

2 Effective Date. This act shall take effect 60 days after its passage.