HB1156 (2012) Detail

Relative to preserving due process in all common law matters.


HB 1156 – AS INTRODUCED

2012 SESSION

12-2532

06/10

HOUSE BILL 1156

AN ACT relative to preserving due process in all common law matters.

SPONSORS: Rep. L. Christiansen, Hills 27; Rep. Baldasaro, Rock 3

COMMITTEE: Judiciary

ANALYSIS

This bill requires all criminal proceedings brought in any court of the state to be initiated by a grand jury investigation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2532

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to preserving due process in all common law matters.

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

1 Due Process; Finding. The general court finds that Article III, Section II of the Constitution of the United States clearly states, “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury”. Further, the fifth amendment to the Constitution of the United States clearly states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”.

2 New Section; Grand Jury Required. Amend RSA 601 by inserting after section 1 the following new section:

601:1-a Grand Jury Investigation Required.

I. It shall be an unlawful denial of due process and a fourth amendment violation for any court in this state to initiate any proceedings without the benefit of a grand jury investigation consisting of evidence presented by both the prosecution and defense before any true bill is delivered. No judge, prosecutor, attorney general, or other officer shall conduct an evidentiary hearing or other process that would neutralize or diminish the exclusive jurisdiction granted to the grand jury by the constitution.

II. Any person violating paragraph I shall be ipso facto removed from office for life and denied any and all rights, privileges, and benefits they may have accrued.

3 Effective Date. This act shall take effect 90 days after its passage.

Links

HB1156 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1156 Revision: 20721 Date: Dec. 14, 2011, midnight

Docket