HB1298 (2018) Detail

Relative to unalienable rights of inhabitants.


HB 1298 - AS INTRODUCED

 

 

2018 SESSION

18-2145

05/04

 

HOUSE BILL 1298

 

AN ACT relative to unalienable rights of inhabitants.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Comeau, Carr. 5; Rep. Spillane, Rock. 2

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill creates a cause of action for certain violations of inhabitants rights and privileges.  The bill also mandates county attorneys to process affidavits for trial of such violations.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2145

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to unalienable rights of inhabitants.

 

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

 

1  New Section; Abuse of Office; Trespass on Inhabitants Unalienable Rights by Public Servants.  Amend RSA 643 by inserting after section 2 the following new section:

643:3  Trespass on Inhabitants Unalienable Rights by a Public Servant.

I.  A public servant, as defined in RSA 640:2, II(a), acting under color of law or otherwise, who uses or attempts to use threats, duress, intimidation, or coercion to diminish any inhabitant’s unalienable rights or privileges shall be guilty of misdeed and trespass.  Upon receipt of an inhabitant’s affidavit of complaint of trespass, the county attorney shall immediately file a criminal action in the name of the state of New Hampshire in the superior court in which the inhabitant resides.  

II.  An inhabitant's affidavit shall be deemed to be a prima facie case under paragraph I.  Any elected county attorney who fails to process an inhabitant’s affidavit shall be ipso facto guilty of trespass and nonfeasance and subject to the penalty of RSA 92:2.

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

Links

HB1298 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Jan. 30, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote

Bill Text Revisions

HB1298 Revision: 1993 Date: Nov. 7, 2017, 1:13 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 6
Jan. 17, 2018 Public Hearing: 01/17/2018 10:00 AM LOB 204
Jan. 30, 2018 Executive Session: 01/30/2018 LOB 204
Majority Committee Report: Inexpedient to Legislate (Vote 14-6; RC)
Feb. 22, 2018 Majority Committee Report: Inexpedient to Legislate for 02/22/2018 (Vote 14-6; RC) HC 7 P. 14
Minority Committee Report: Ought to Pass
Feb. 22, 2018 Inexpedient to Legislate: MA DV 272-64 02/22/2018 HJ 5 P. 17