HB133 (2017) Detail

Relative to a jury's determination as to the applicability of law.


HB 133 - AS INTRODUCED

 

 

2017 SESSION

17-0088

09/08

 

HOUSE BILL 133

 

AN ACT relative to a jury's determination as to the applicability of law.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. Phinney, Straf. 24; Sen. Daniels, Dist 11; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires the court to instruct the jurors that the jury determines the applicability of the law to the facts of the case.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0088

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to a jury's determination as to the applicability of law.

 

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

 

1  Findings.  The legislature finds that the New Hampshire Constitution, Part 1, Article 21 identifies trial by jury to be an inestimable privilege indicating its importance in the application of law and justice.  Furthermore, Part 1, Article 12 identifies a role of the people in approving law; the only location for this consent is the jury.

2  Jury Instruction.  RSA 519:23-a is repealed and reenacted to read as follows:

519:23-a  Jury Instruction.  In all criminal proceedings the court shall inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.  At the request of the defendant or the defendant's attorney, the court shall instruct the jury as follows:  "If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty.  However if you find that the state has proved all the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty.  Even if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you may still find that based upon the facts of this case a guilty verdict will yield an unjust result, and you may find the defendant not guilty."

3  Effective Date.  This act shall take effect January 1, 2018.

Links

HB133 at GenCourtMobile

Action Dates

Date Body Type
Jan. 19, 2017 House Hearing
Jan. 26, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote
Feb. 9, 2017 House Floor Vote
April 25, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB133 Revision: 387 Date: Jan. 30, 2017, 3:31 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 18
Jan. 19, 2017 Public Hearing: 01/19/2017 01:00 PM LOB 208
Jan. 26, 2017 Executive Session: 01/26/2017 12:00 PM LOB 208
Feb. 9, 2017 Majority Committee Report: Ought to Pass for 02/09/2017 (Vote 10-8; RC) HC 10 P. 10
Minority Committee Report: Inexpedient to Legislate
Feb. 9, 2017 Special Order to regular calendar on 2/15/2017 (Rep. Hagan): MA VV 02/09/2017 HJ 6 P. 20
Feb. 15, 2017 Ought to Pass: MA RC 170-160 02/15/2017 HJ 7 P. 55
Feb. 16, 2017 Reconsider HB 133 (Rep. Cali-Pitts): MF RC 165-200 02/16/2017 HJ 8 P. 1
Feb. 16, 2017 Introduced 02/16/2017 and Referred to Judiciary; SJ 7
April 25, 2017 Hearing: 04/25/2017, Room 100, SH, 09:50 am; SC 19
May 11, 2017 Committee Report: Inexpedient to Legislate, 05/11/2017; Vote 5-0; CC; SC 22
May 11, 2017 Sen. Avard Moved to Remove HB 133 from the Consent Calendar; 05/11/2017; SJ 16
May 11, 2017 Inexpedient to Legislate, RC 17Y-6N, MA === BILL KILLED ===; 05/11/2017; SJ 16