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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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 RSA 519:23-a is repealed and reenacted to read as follows: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.
| 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 |
May 11, 2017: Inexpedient to Legislate, RC 17Y-6N, MA === BILL KILLED ===; 05/11/2017; SJ 16
May 11, 2017: Sen. Avard Moved to Remove HB 133 from the Consent Calendar; 05/11/2017; SJ 16
May 11, 2017: Committee Report: Inexpedient to Legislate, 05/11/2017; Vote 5-0; CC; SC 22
April 25, 2017: Hearing: 04/25/2017, Room 100, SH, 09:50 am; SC 19
Feb. 16, 2017: Introduced 02/16/2017 and Referred to Judiciary; SJ 7
Feb. 16, 2017: Reconsider HB 133 (Rep. Cali-Pitts): MF RC 165-200 02/16/2017 HJ 8 P. 1
Feb. 15, 2017: Ought to Pass: MA RC 170-160 02/15/2017 HJ 7 P. 55
Feb. 9, 2017: Special Order to regular calendar on 2/15/2017 (Rep. Hagan): MA VV 02/09/2017 HJ 6 P. 20
: Minority Committee Report: Inexpedient to Legislate
Feb. 9, 2017: Majority Committee Report: Ought to Pass for 02/09/2017 (Vote 10-8; RC) HC 10 P. 10
Jan. 26, 2017: Executive Session: 01/26/2017 12:00 PM LOB 208
Jan. 19, 2017: Public Hearing: 01/19/2017 01:00 PM LOB 208
Jan. 4, 2017: Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 18