HB160 (2009) Detail

Relative to physical force in defense of a person.


HB 160 – AS INTRODUCED

2009 SESSION

09-0353

04/09

HOUSE BILL 160

AN ACT relative to physical force in defense of a person.

SPONSORS: Rep. Pepino, Hills 11; Rep. Mead, Hills 4; Rep. B. Shaw, Hills 16; Rep. Baldasaro, Rock 3; Rep. P. Price, Hills 26; Sen. Gallus, Dist 1; Sen. Roberge, Dist 9; Sen. Letourneau, Dist 19

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows a person who is in any place where he or she has a right to be to use deadly force to protect oneself.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0353

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to physical force in defense of a person.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Physical Force in Defense of a Person. Amend RSA 627:4, II(d) to read as follows:

(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling [or], its curtilage, or in any place where the actor has a right to be.

2 Physical Force in Defense of a Person. Amend RSA 627:4, 111(a) to read as follows:

(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling [or], its curtilage, or in any place where he or she has a right to be, and was not the initial aggressor; or

3 Effective Date. This act shall take effect January 1, 2010.