CHAPTER 217
SB 64 – FINAL VERSION
02/23/11 0300s
18May2011… 1696h
2011 SESSION
09/05
SENATE BILL 64
AN ACT removing the oath requirement for class B misdemeanor criminal complaints filed by police officers.
SPONSORS: Sen. Houde, Dist 5; Rep. Sorg, Graf 3
This bill removes the oath requirement for class B misdemeanor criminal complaints filed by police officers. The bill also requires a police officer filing a criminal complaint to sign the complaint.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/11 0300s
18May2011… 1696h
11-0926
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT removing the oath requirement for class B misdemeanor criminal complaints filed by police officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
217:1 Criminal Complaints. Amend RSA 592-A:7, I to read as follows:
I. Criminal proceedings before a district court shall be begun by complaint, signed and under oath, addressed to such court, briefly setting forth, by name or description, the party accused and the offense charged, provided that a complaint filed by a police officer, as defined in RSA 188-F:23, I, for a violation-level offense or a class B misdemeanor shall not require [a signature or] an oath. [Any complaint] All complaints filed [electronically] by a police officer shall include the officer’s signature and printed name and notice that making a false statement on the complaint may result in criminal prosecution.
217:2 Warrants. Amend RSA 592-A:8 to read as follows:
592-A:8 Warrants. A justice of the peace or justice of the district [or municipal] court, upon such complaint when signed under oath, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his deputy or to any constable or police officer of any town in the county.
217:3 Criminal Complaints. Amend RSA 592-A:7, I to read as follows:
I. Criminal proceedings before a [district] circuit court shall be begun by complaint, signed and under oath, addressed to such court, briefly setting forth, by name or description, the party accused and the offense charged, provided that a complaint filed by a police officer, as defined in RSA 188-F:23, I, for a violation-level offense or a class B misdemeanor shall not require [a signature or] an oath. [Any complaint] All complaints filed [electronically] by a police officer shall include the officer’s signature and printed name and notice that making a false statement on the complaint may result in criminal prosecution.
217:4 Warrants. Amend RSA 592-A:8 to read as follows:
592-A:8 Warrants. A justice of the peace or justice of the [district or municipal] circuit court, upon such complaint when signed under oath, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his deputy or to any constable or police officer of any town in the county.
217:5 Contingency. If HB 609-FN of the 2011 legislative session becomes law, sections 3 and 4 of this act shall take effect January 1, 2012 and sections 1 and 2 of this act shall not take effect. If HB 609-FN does not become law, sections 1 and 2 of this act shall take effect January 1, 2012 and sections 3 and 4 of this act shall not take effect.
217:6 Effective Date. This act shall take effect January 1, 2012.
Approved: June 28, 2011
Effective Date: January 1, 2012