HB 1326 – AS INTRODUCED
2014 SESSION
04/10
HOUSE BILL 1326
AN ACT establishing the affirmative defense of unwitting possession of a controlled drug.
SPONSORS: Rep. Winters, Hills 18; Rep. Warden, Hills 39; Rep. Comerford, Rock 33; Rep. Michael Garcia, Hills 34
COMMITTEE: Criminal Justice and Public Safety
This bill establishes the affirmative defense of unwitting possession of a controlled drug.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2529
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT establishing the affirmative defense of unwitting possession of a controlled drug.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Controlled Drug Act; Affirmative Defense of Unwitting Possession. Amend RSA?318-B by inserting after section 2-b the following new section:
318-B:2-c Affirmative Defense; Unwitting Possession. It shall be an affirmative defense to prosecution under this chapter if the possession of a controlled drug is unwitting. Possession of a controlled drug is unwitting if the actor did not know that the drug was in his or her possession or did not know the nature of the drug. A defendant who claims unwitting possession shall prove, by a preponderance of the evidence, that the drug was possessed unwittingly.
2 Effective Date. This act shall take effect January 1, 2015.