CHAPTER 136
HB 1287 - FINAL VERSION
2016 SESSION
\t16-2296
\t04/09
HOUSE BILL\t1287
AN ACT\trepealing a provision of the harassment statute.
SPONSORS:\tRep. Berch, Ches. 1; Rep. Sylvia, Belk. 6
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill repeals 2 provisions in the harassment statute to comply with the New Hampshire supreme court opinion in State v. Pierce, 152 N.H. 790 (2005): first, a provision relating to a type of communication that constitutes harassment and second, a requirement that the defendant bears the burden of proof to show any exception or exemption which applies to that communication.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2296
\t04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trepealing a provision of the harassment statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t136:1 Breaches of the Peace and Related Offenses; Harassment. Amend RSA 644:4, I(e) to read as follows:
\t\t\t(e) With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another[; or].
\t136:2 Repeal. The following are repealed:
\t\tI. RSA 644:4, I(f), relative to communication that constitutes harassment.
\t\tII. RSA 644:4, III, relative to placing the burden of proof on the defendant to prove any exception or exemption for communication that constitutes harassment.
\t136:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 27, 2016
Effective Date: July 26, 2016