HB 620-FN – AS INTRODUCED
2005 SESSION
09/01
HOUSE BILL 620-FN
AN ACT relative to the accountability of public officials and interference with constitutional and legal rights.
SPONSORS: Rep. Marple, Merr 9; Rep. DiFruscia, Rock 4; Rep. Ingbretson, Graf 5; Rep. Sorg, Graf 3
COMMITTEE: Criminal Justice and Public Safety
This bill changes the penalties for a public official who fails to respond to an affidavit, commits an unauthorized act which purports to be an official act, or refrains from performing an official duty. Any person guilty of such offense shall, in addition to the penalties for a misdemeanor, be removed from public office and prohibited from holding public office for 10 years.
The bill also makes it a felony to interfere with another human being’s constitutional and legal rights.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0212
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to the accountability of public officials and interference with constitutional and legal rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The legislature finds that part 1, article 8 of the New Hampshire constitution makes public officials at all times accountable to the people and states that “government, therefore, should be open, accessible, accountable and responsive.” The purpose of section 2 of this act is intended to strengthen penalties for a public official who fails to respond to an affidavit, commits an unauthorized act which purports to be an official act, or refrains from performing an official duty.
2 Official Oppression. RSA 643:1 is repealed and reenacted to read as follows:
643:1 Official Oppression.
I. A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if such public servant:
(a) Commits an unauthorized act which purports to be an act of his or her office;
(b) Refrains from performing a duty imposed on him or her by law or clearly inherent in the nature of his or her office; or
(c) Fails to respond to and rebut an affidavit within 30 days of submission of the affidavit by any inhabitant, thus violating the accountability requirements mandated by part 1, article 8 of the New Hampshire constitution.
II. A public servant found guilty under paragraph I shall, in addition to the criminal penalties imposed for the misdemeanor under RSA 651:2, be removed ipso facto from public office with no right of appeal pursuant to RSA 92:2 and shall be prohibited from holding public office for 10 years.
3 New Section; Violations of Constitutional and Legal Rights; Penalties. Amend RSA 644 by inserting after section 18 the following new section:
644:19 Violations of Constitutional and Legal Rights. Whoever, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other human being in the free exercise or enjoyment of any right or privilege secured to him or her by the constitution or laws of the state or by the constitution or laws of the United States shall be guilty of a felony. Any human being convicted of violating this provision shall, notwithstanding the provisions of RSA 651:2, be fined not more than $10,000 or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than $50,000 or by imprisonment for not more than 10 years, or both.
4 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0212
2/1/05
HB 620-FN - FISCAL NOTE
AN ACT relative to the accountability of public officials and interference with constitutional and legal rights.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.