Bill Details - HB193 (2019)

HB 193 - AS INTRODUCED

 

 

2019 SESSION

19-0169

05/08

 

HOUSE BILL 193

 

AN ACT relative to unalienable rights of inhabitants.

 

SPONSORS: Rep. Marple, Merr. 24; Rep. Howard, Belk. 8; Rep. Spillane, Rock. 2

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill creates a cause of action based on a public servant's violation of the unalienable rights and privileges of an inhabitant of this state.  The bill also directs the county attorney to file a criminal action in such cases.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0169

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

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 an 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.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Judiciary HJ 2 P. 40
Jan. 9, 2019 Public Hearing: 01/09/2019 02:00 pm LOB 208
Jan. 15, 2019 Executive Session: 01/15/2019 01:00 pm LOB 208
Committee Report: Inexpedient to Legislate (Vote 17-2; CC)
Jan. 31, 2019 Committee Report: Inexpedient to Legislate for 01/31/2019 (Vote 17-2; CC) HC 9 P. 5
Jan. 31, 2019 Inexpedient to Legislate: MA VV 01/31/2019 HJ 4 P. 5

Action Dates

Date Body Type
Jan. 9, 2019 House Hearing
Jan. 15, 2019 House Exec Session
House Floor Vote
Jan. 31, 2019 House Floor Vote

Bill Text Revisions

HB193 Revision: 4402 Date: Dec. 26, 2018, 3:05 p.m.