Revision: Jan. 21, 2010, midnight
HB 530 – AS INTRODUCED
2005 SESSION
09/01
HOUSE BILL 530
AN ACT relative to an informed jury.
SPONSORS: Rep. Marple, Merr 9; Rep. DiFruscia, Rock 4; Rep. Ingbretson, Graf 5; Rep. Sorg, Graf 3; Sen. Boyce, Dist 4
The bill states that a criminal defendant has a right that the court instruct the jury of its inherent right to disregard the law and the facts in controversy and to nullify.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0134
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to an informed jury.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent. Under the decisions of both the New Hampshire supreme court and the United States supreme court, the jury has an undeniable right to judge both the law and the facts in controversy. The jury system functions at its best when it is fully informed of these prerogatives. The general court wishes to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence, while preserving the rights of a criminal defendant.
2 New Section; Right of Accused; Jury Instruction. Amend RSA 519 by inserting after section 23 the following new section:
519:23-a Right of Accused. In all criminal proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify.
3 Effective Date. This act shall take effect January 1, 2006.