HB 146 – AS AMENDED BY THE HOUSE
15Mar2011… 0591h
2011 SESSION
09/05
HOUSE BILL 146
AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.
SPONSORS: Rep. L. Christiansen, Hills 27
This bill states that in all criminal proceedings the court shall instruct the jury of its right to judge the facts and the application of the law in relationship to the facts in controversy. The court is also required to permit the defendant or counsel for the defendant to explain this right 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2011… 0591h
11-0091
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent of the General Court. Under the decisions of both the New Hampshire supreme court and the United States Supreme Court, the jury has the right to judge the facts and the application of the law in relationship to the facts in controversy. The jury system functions at its best when it is fully informed of the jury’s 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 Constitution for the United States of America.
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 right to judge the facts and the application of the law in relationship to the facts in controversy. The court shall permit the defendant or counsel for the defendant to explain this right to the jury.
3 Effective Date. This act shall take effect January 1, 2012.