HB509 (2015) Detail

Relative to jury tampering by magistrates.


HB 509 - AS INTRODUCED

2015 SESSION

15-0671

09/08

HOUSE BILL 509

AN ACT relative to jury tampering by magistrates.

SPONSORS: Rep. Marple, Merr 24; Rep. L. Christiansen, Hills 37; Rep. Brewster, Merr 21

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits jury tampering by magistrates. The bill establishes a penalty of removal from office, loss of all benefits related to such office, and exclusion from public office for 10 years.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0671

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to jury tampering by magistrates.

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

1 Finding. The general court finds that magistrates, as defined in part 1, article 8 of the New?Hampshire constitution’s bill of rights, are not elected officials and are employees of the judicial branch of government, having only those powers derived from the people.

2 New Section; Jury Tampering by Magistrates. Amend RSA 641 by inserting after section 5 the following new section:

641:5-a Jury Tampering by Magistrates.

I. Any magistrate shall be guilty of jury tampering if he or she directly or indirectly communicates with the jury with the intent of imposing his or her will and influence on a juror’s vote, opinion, decision, or other action in any case.

II. The penalty for jury tampering by any magistrate shall be unappealable removal from office, loss of all benefits accrued as a magistrate, and exclusion from any public office for 10 years.

3 Effective Date. This act shall take effect January 1, 2016.