Bill Text - HB1533 (2010)

Establishing a commission to study the statute governing annulment of criminal records.


Revision: Dec. 10, 2009, midnight

HB 1533 – AS INTRODUCED

2010 SESSION

10-2626

04/09

HOUSE BILL 1533

AN ACT establishing a commission to study the statute governing annulment of criminal records.

SPONSORS: Rep. Splaine, Rock 16; Rep. McEachern, Rock 16

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a commission to study the interpretation and application of the statute governing annulment of criminal records.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2626

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT establishing a commission to study the statute governing annulment of criminal records.

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

1 Commission Established. There is established a commission to study the statute governing annulment of criminal records.

2 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Three members of the house of representatives, not more than 2 of whom shall be attorneys, appointed by the speaker of the house of representatives.

(b) Two members of the senate, not more than one of whom shall be an attorney, appointed by the president of the senate.

(c) The attorney general, or designee.

(d) One member from the New Hampshire Bar Association, appointed by the association.

(e) Two members from the New Hampshire Press Association, appointed by the association.

(f) One member from the New Hampshire Association of Counties-county attorneys affiliate, appointed by the affiliate president.

(g) Two members from the New Hampshire Association of Broadcasters, appointed by the association.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

3 Duties.

I. The commission shall:

(a) Study the history of the state annulment statute (RSA 651:5) as it has been interpreted and applied in New Hampshire.

(b) Study whether the application of the annulment statute in criminal cases affects the ability of the press to report on matters of public safety and the public’s right to know.

(c) Study how press coverage of criminal cases involving the annulment statute has been affected by the emergence of the Internet’s increasing importance to the public.

(d) Study any other issue which it deems relevant to its purpose.

II. The committee may solicit testimony from any person or organization with information or expertise relevant to the subject of its study.

4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.

5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2010.

6 Effective Date. This act shall take effect upon its passage.