HB906 (2007) Detail

Relative to an informed jury.


HB 906 – AS INTRODUCED

2007 SESSION

07-0111

09/05

HOUSE BILL 906

AN ACT relative to an informed jury.

SPONSORS: Rep. Ingbretson, Graf 5; Rep. DiFruscia, Rock 4; Rep. Sorg, Graf 3

COMMITTEE: Judiciary

ANALYSIS

This bill states that in all criminal proceedings the court shall instruct the jury of its inherent right to disregard the law and the facts in controversy and to nullify any and all actions they find to be unjust. The court shall also allow the defendant or counsel for the defendant to explain this right of jury nullification to the jury.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0111

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

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, as enumerated in part 1, articles 15 and 20, New Hampshire Bill of Rights, and the Seventh Amendment of the United States Constitution.

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 court proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify any and all actions they find to be unjust. The court shall also allow the defendant or counsel for the defendant to explain this right of jury nullification to the jury.

3 Effective Date. This act shall take effect January 1, 2008.