Bill Text - HB1327 (2012)

Relative to official oppression.


Revision: Dec. 14, 2011, midnight

HB 1327 – AS INTRODUCED

2012 SESSION

12-2033

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

ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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] oneself 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 oneself 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.

3 Effective Date. This act shall take effect January 1, 2012.