HB 443 – AS INTRODUCED
2005 SESSION
09/01
HOUSE BILL 443
AN ACT relative to the statute of limitations for fire code violations.
SPONSORS: Rep. Knowles, Straf 6; Rep. S. L'Heureux, Merr 9; Rep. Pantelakos, Rock 16; Rep. Weare, Rock 14; Rep. Welch, Rock 8; Sen. Barnes, Dist 17; Sen. Estabrook, Dist 21; Sen. Kenney, Dist 3
COMMITTEE: Criminal Justice and Public Safety
This bill establishes that the statute of limitations for a fire code violation begins to run only upon the actual discovery of the violation.
This bill is a request of the state fire marshal.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0665
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the statute of limitations for fire code violations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statute of Limitations; Fire Code Violations. Amend RSA 625:8, III to read as follows:
III. If the period prescribed in paragraph I has expired, a prosecution may nevertheless be commenced:
(a) Within one year after its discovery by an aggrieved party or by a person who has a duty to represent such person and who is himself not a party to the offense for a theft where possession of the property was lawfully obtained and subsequently misappropriated or for any offense, a material element of which is either fraud or a breach of fiduciary duty[; or].
(b) For any offense based upon misconduct in office by a public servant, at any time when the defendant is in public office or within 2 years thereafter[; or].
(c) For any offense under RSA 208, RSA 210, or RSA 215, within 3 years thereafter[; or].
(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.
(e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.
(f) For any offense under RSA 153:24, within 3 months after its discovery if committed by a natural person and within one year of its discovery if committed by any other person.
2 Effective Date. This act shall take effect January 1, 2006.