Revision: March 8, 2016, midnight
\t \t\tHB 1287 - AS INTRODUCED
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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.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:
\t1 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].
\t2 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 The following are repealed: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.
\t3 Effective Date. This act shall take effect 60 days after its passage.