HB 1130 – FINAL VERSION
HOUSE BILL 1130
This bill inserts references to repealed DWI statutes into certain motor vehicle statutes.
This bill is a request of the department of justice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to repealed DWI laws.
Be it Enacted by the Senate and House of Representatives in General Court convened:
62:1 Habitual Offender. Amend RSA 259:39, I(q) to read as follows:
(q) Conviction of any offense specified in RSA 265:54;
(r) Conviction of any offense specified in RSA 265:82; or
(s) Conviction of any offense specified in RSA 265:82-a.
62:2 Driving After Revocation or Suspension. Amend RSA 263:64, IV to read as follows:
IV. Any person who violates this section by driving or attempting to drive a motor vehicle in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, [
or] RSA 630:3, II, RSA 265:82, or RSA 265:82-a shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.
62:3 New Section; Incorporation of Former, Repealed Statutes. Amend RSA 265-A by inserting after section 1 the following new section:
265-A:1-a Incorporation of Former, Repealed Statutes.
I. Any reference to a prior violation of, or conviction under, RSA 265-A:2 or RSA 265-A:3 shall be read to include violations of, and convictions under, the former, repealed versions of those statutes.
II. Any reference to a prior administrative license suspension under RSA 265-A:30 shall be read to include proceedings under the former, repealed version of that statute.
III. Any reference to a prior refusal of consent under RSA 265-A:14 shall be read to include a refusal under the former, repealed version of that statute.
IV. In any statute, any reference to a revocation, suspension, or conviction pursuant to a section of RSA 265-A shall be read to include a revocation, suspension, or conviction pursuant to the former, repealed version of the statute.
62:4 Annulment of Criminal Records. Amend the introductory paragraph of RSA 651:5, III to read as follows:
III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows:
62:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 21, 2008
Effective Date: July 20, 2008