HB 1327 – AS AMENDED BY THE HOUSE
7Mar2012… 0873h
2012 SESSION
04/10
HOUSE BILL 1327
AN ACT relative to official oppression.
SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. D. McGuire, Merr 8
COMMITTEE: Criminal Justice and Public Safety
This bill revises the offense of official oppression by making it either a class B misdemeanor or a violation, depending on whether a public servant acted with a purpose to benefit himself, herself, or another or to harm another.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 0873h
12-2033 04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to official oppression.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Intent. The intent of the official oppression statute is to empower citizens to hold public servants accountable in their delegated duties pursuant to the Constitution of New Hampshire, part I, articles 8 and 10.
2 Official Oppression. Amend RSA 643:1 to read as follows:
643:1 Official Oppression.
I. A public servant, as defined in RSA 640:2, II, is guilty of a misdemeanor if, with a purpose to benefit himself, herself, or another or to harm another, he or she knowingly commits an unauthorized act which purports to be an act of his or her office; or knowingly refrains from performing a duty imposed on him or her by law or clearly inherent in the nature of his or her office.
II. A public servant, as defined in RSA 640:2, II, is guilty of a violation if, without a purpose to benefit himself, herself, or another or to harm another, he or she purposely commits an unauthorized act which purports to be an act of his or her office; or purposely refrains from performing a duty imposed upon him or her by law.
III. Any county attorney or law enforcement officer receiving notice of any alleged violation of this section shall immediately forward written notice of the same with any other information that the county attorney or law enforcement officer may have to the department of justice.
3 Effective Date. This act shall take effect January 1, 2012.