Bill Text - HB1452 (2014)

Relative to jury nullification.


Revision: March 27, 2014, midnight

HB 1452 – AS INTRODUCED

2014 SESSION

14-2154

05/08

HOUSE BILL 1452

AN ACT relative to jury nullification.

SPONSORS: Rep. Sapareto, Rock 6

COMMITTEE: Judiciary

ANALYSIS

This bill requires the court to give an instruction to the jury regarding jury nullification and requires the court to declare a mistrial if the instruction is not given to the jury.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2154

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to jury nullification.

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

1 New Section; Jury Nullification. Amend RSA 519 by inserting after section 23-a the following new section:

519:23-b Jury Nullification.

I. The court shall give the following instruction to the jury in all criminal proceedings: “The concept of jury nullification is well established in this country. If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision.”

II. A mistrial shall be declared in any case in which the court fails to give the jury instruction provided in paragraph I.

2 Effective Date. This act shall take effect 60 days after its passage.