HB382 (2017) Detail

Prohibiting electronic warrants.


HB 382 - AS INTRODUCED

 

 

2017 SESSION

17-0194

08/03

 

HOUSE BILL 382

 

AN ACT prohibiting electronic warrants.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Phinney, Straf. 24

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill prohibits electronic warrants.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0194

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT prohibiting electronic warrants.

 

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

 

1  Statement of Purpose.  This repeal is based upon the Constitutional mandate that appears in Article 87, Part II.  It is a matter of law that a statute cannot amend or increase or decrease constitutional mandates.  Any amendment must be placed on a ballot for the people to address.

2  Electronic Warrants Prohibited.  Amend RSA 490:27-a to read as follows:

490:27-a  Validity of Faxed or Electronic Warrants and Orders.  Search warrants, arrest warrants, detention orders pursuant to RSA 169-B, placement orders pursuant to RSA 169-C or RSA 169-D, or domestic violence temporary and final orders [maybe] shall not be applied for and issued by facsimile or electronic transmission.  [The original documents, including the warrant application, the warrant, and the supporting affidavit must be received by the court having jurisdiction over the matter within 5 calendar days.  The requesting agency shall forward a copy of the application, warrant, supporting affidavit and any other documents to the issuing judge or magistrate by the next business day.  For purposes of this section, any oath required in the issuance of said warrants or orders may be taken by the judge or magistrate telephonically or by other means of telecommunication or electronic communication, and may include the use of an electronic signature.  The issuing judge or magistrate shall be responsible for memorializing the substance of any oral statements under oath supplementing the affidavit, as provided in RSA 595-A:4.]

3  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB382 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2017 House Hearing
Jan. 26, 2017 House Exec Session
Feb. 9, 2017 House Floor Vote

Bill Text Revisions

HB382 Revision: 381 Date: Jan. 30, 2017, 8:07 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Judiciary HJ 3 P. 12
Jan. 25, 2017 Public Hearing: 01/25/2017 02:00 PM LOB 208
Jan. 26, 2017 Executive Session: 01/26/2017 12:00 PM LOB 208
Feb. 9, 2017 Committee Report: Inexpedient to Legislate for 02/09/2017 (Vote 18-0; CC) HC 10 P. 4
Feb. 9, 2017 Inexpedient to Legislate: MA VV 02/09/2017 HJ 6 P. 3