HB1443 (2018) Detail

Relative to a jury's determination as to the applicability of a law.


HB 1443 - AS AMENDED BY THE HOUSE

 

15Mar2018... 0478h

2018 SESSION

18-2146

04/01

 

HOUSE BILL 1443

 

AN ACT relative to a jury's determination as to the applicability of a law.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Itse, Rock. 10; Rep. Burt, Hills. 39; Rep. Hoell, Merr. 23; Rep. Renzullo, Hills. 37; Rep. Spillane, Rock. 2; Rep. Prout, Hills. 37; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires the court to instruct jurors that the jury determines the applicability of the law to the facts of the case.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2018... 0478h 18-2146

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to a jury's determination as to the applicability of a 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  RSA 519:23-a is repealed and reenacted to read as follows: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, unless your right of conscience dictates that the facts of the case reveal that a guilty verdict will yield an unjust result; accordingly you shall find the defendant not guilty.

3  Effective Date.  This act shall take effect January 1, 2019.

Links

HB1443 at GenCourtMobile

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Feb. 6, 2018 House Hearing
Feb. 21, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote
March 29, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote

Bill Text Revisions

HB1443 Revision: 3268 Date: March 15, 2018, 10:12 a.m.
HB1443 Revision: 1867 Date: Nov. 3, 2017, 10:07 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 11
Jan. 17, 2018 ==RECESSED== Public Hearing: 01/17/2018 10:30 AM LOB 208
Feb. 6, 2018 ==CONTINUED== Public Hearing: 02/06/2018 10:30 AM LOB 208
Feb. 21, 2018 Executive Session: 02/21/2018 LOB 208
Majority Committee Report: Ought to Pass with Amendment # 2018-0478h (Vote 9-8; RC)
March 6, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-0478h for 03/06/2018 (Vote 9-8; RC) HC 9 P. 58
Minority Committee Report: Inexpedient to Legislate
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Amendment # 2018-0478h: AA VV 03/15/2018 HJ 8 P. 2
March 15, 2018 Lay HB 1443 on Table (Rep. Burridge): MF RC 136-171 03/15/2018 HJ 8 P. 2
March 15, 2018 Ought to Pass with Amendment 0478h: MA RC 158-151 03/15/2018 HJ 8 P. 4
March 15, 2018 Reconsider HB 1443 (Rep. Hopper): MF DV 150-165 03/15/2018 HJ 8 P. 6
March 21, 2018 Introduced 03/21/2018 and Referred to Judiciary; SJ 10
March 29, 2018 Hearing: 03/29/2018, Room 100, SH, 10:45 am; SC 14
May 2, 2018 Committee Report: Inexpedient to Legislate, 05/02/2018; SC 19
May 2, 2018 Inexpedient to Legislate, RC 19Y-5N, MA === BILL KILLED ===; 05/02/2018; SJ 15