Revision: Jan. 30, 2017, 3:31 p.m.
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
-----------------------------------------------------------------
This bill requires the court to instruct the jurors that the jury determines the applicability of the law to the facts of the case.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 RSA 519:23-a is repealed and reenacted to read as follows: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.