HB1404 (2018) Detail

Relative to the competing harms defense.


HB 1404 - AS AMENDED BY THE HOUSE

 

22Feb2018... 0489h

2018 SESSION

18-2506

04/05

 

HOUSE BILL 1404

 

AN ACT relative to the competing harms defense.

 

SPONSORS: Rep. Hynes, Hills. 21

 

COMMITTEE: Criminal Justice and Public Safety

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill amends the statute regarding the defense of competing harms.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2018... 0489h 18-2506

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the competing harms defense.

 

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

 

1  Justification; Competing Harms.  Amend RSA 627:3, I to read as follows:

I.  Conduct which the actor believes [to be necessary to] will avoid harm to himself or another is justifiable if [the desirability and urgency of] avoiding such harm [outweigh] outweighs, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged.  [The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.]  Whether conduct is justifiable or not is a question of fact for the jury.  The defendant shall be entitled to offer any relevant evidence in his or her defense.  If the defendant presents evidence of a defense under this paragraph, the state shall be allowed to submit rebuttal evidence, including the harm sought to be prevented by this section.

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

Links

HB1404 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Feb. 6, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote
March 27, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote

Bill Text Revisions

HB1404 Revision: 3122 Date: Feb. 23, 2018, 9:03 a.m.
HB1404 Revision: 2019 Date: Nov. 6, 2017, 10:47 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 9
Jan. 17, 2018 Public Hearing: 01/17/2018 10:50 AM LOB 204
Feb. 6, 2018 Executive Session: 02/06/2018 LOB 204
Committee Report: Ought to Pass with Amendment # 2018-0489h (Vote 20-0; CC)
Feb. 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-0489h for 02/22/2018 (Vote 20-0; CC) HC 7 P. 6
Feb. 22, 2018 Amendment # 2018-0489h: AA VV 02/22/2018 HJ 5 P. 6
Feb. 22, 2018 Ought to Pass with Amendment 0489h: MA VV 02/22/2018 HJ 5 P. 6
March 8, 2018 Introduced 03/08/2018 and Referred to Judiciary; SJ 7
March 27, 2018 Hearing: 03/27/2018, Room 100, SH, 09:15 am; SC 14
May 2, 2018 Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/02/2018; SC 19
May 2, 2018 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/02/2018; SJ 15