CHAPTER 163
HB 1377 – FINAL VERSION
07Mar2006… 0657h
2006 SESSION
04/10
HOUSE BILL 1377
AN ACT relative to certain mandatory minimum sentences.
SPONSORS: Rep. Knowles, Straf 6; Rep. Pantelakos, Rock 16; Rep. Charron, Rock 7; Rep. Hammond, Graf 11; Sen. Green, Dist 6; Sen. Gallus, Dist 1
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Provides that a person convicted of a second or subsequent offense for the felonious use of a firearm shall receive a minimum mandatory 3-year sentence in addition to any sentence for the underlying offense.
II. Excludes anyone convicted of felony reckless conduct from receiving the minimum mandatory sentence.
III. Defines incest committed against a person under the age of 18 as a violent crime for the purposes of annulment of a criminal record.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 0657h
06-2479
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to certain mandatory minimum sentences.
Be it Enacted by the Senate and House of Representatives in General Court convened:
163:1 Sentences; Sentences and Limitations; Felonious Use of Firearm. Amend RSA 651:2, II-b to read as follows:
II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a [minimum mandatory sentence of one year imprisonment for a first offense and a] minimum mandatory sentence of 3 [years’] years imprisonment [for any subsequent offense]. Neither the whole nor any part of the additional sentence of imprisonment hereby provided shall be served concurrently with any other term nor shall the whole or any part of such additional term of imprisonment be suspended. No action brought to enforce sentencing under this section shall be continued for sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of imprisonment imposed.
163:2 New Paragraph; Assault and Related Offenses; Reckless Conduct. Amend RSA 631:3 by inserting after paragraph II the following new paragraph:
III. A person convicted of a class B felony offense under this section shall not be subject to the provisions of RSA 651:2, II-g.
163:3 Sentences; Sentences and Limitations. Amend RSA 651:5, XIII(g) to read as follows:
(g) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; or
163:4 Effective Date. This act shall take effect January 1, 2007.
Approved: May 23, 2006
Effective: January 1, 2007