Bill Text - HB1420 (2018)

Relative to a criminal penalty for driving after certification as an habitual offender.


Revision: May 29, 2018, 2:08 p.m.

CHAPTER 71

HB 1420-FN - FINAL VERSION

 

 

2018 SESSION

18-2250

03/10

 

HOUSE BILL 1420-FN

 

AN ACT relative to a criminal penalty for driving after certification as an habitual offender.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Sen. Reagan, Dist 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill reinstates the misdemeanor offense for driving after certification as an habitual offender.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2250

03/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to a criminal penalty for driving after certification as an habitual offender.

 

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

 

71:1  Habitual Offender; Penalty.  Amend RSA 262:23, III to read as follows:

III.  Notwithstanding paragraph I, any person who qualifies under RSA 259:39 whose certification was not based on any conviction under RSA 265-A:2, I or any misdemeanor or felony motor vehicle conviction pursuant to RSA title XXI, and who has not been convicted of any such offense, or any reasonably similar offense in any jurisdiction within the United States and Canada, since the date of the certification shall be guilty of a class A misdemeanor and may be sentenced to one year or less.  Any person incarcerated on June 8, 1992, pursuant to certification as an habitual offender under RSA 259:39, who does not have a conviction under RSA 265-A:2, I involving a vehicle or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, may apply immediately to the superior court for sentence review and reduction.

71:2  Effective Date.  This act shall take effect January 1, 2019.

 

Approved: May 25, 2018

Effective Date: January 01, 2019