Bill Details - HB208 (2019)

HB 208 - AS INTRODUCED

 

 

2019 SESSION

19-0234

04/06

 

HOUSE BILL 208

 

AN ACT relative to the justified use of deadly force upon another person.

 

SPONSORS: Rep. Abramson, Rock. 20; Rep. Spillane, Rock. 2; Rep. Sylvia, Belk. 6; Rep. Edwards, Rock. 4; Rep. Fowler, Rock. 20; Rep. D. Davis, Rock. 16; Rep. True, Rock. 4

 

COMMITTEE: Criminal Justice and Public Safety

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill clarifies the language in the statute relating to physical force in defense of a person.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0234

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the justified use of deadly force upon another person.

 

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

 

1  Statement of Purpose.  The general court finds that inhabitants have both a right and a duty to defend their own family and the occupants of their home.  When a private citizen is faced with an immediate threat to someone in his or her household, the U.S. Supreme Court has held that, "Detached reflection cannot be demanded in the presence of an uplifted knife." Brown v. United States, 256 U.S. 335 (1921).  Further, the New Hampshire constitution, part first, article 2-a reads, "All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."

2  Justification; Physical Force in Defense of a Person.  Amend RSA 627:4, II(d) to read as follows:

(d)  Is likely to use any unlawful force in the commission of a felony against the actor or another within such actor's dwelling or its curtilage.

3  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 Criminal Justice and Public Safety HJ 2 P. 41
Jan. 16, 2019 Public Hearing: 01/16/2019 01:30 pm LOB 204
Jan. 17, 2019 ==RECESSED== Executive Session: 01/17/2019 11:00 am LOB 204
March 13, 2019 ==CONTINUED== Executive Session: 03/13/2019 10:00 am LOB 204
Majority Committee Report: Inexpedient to Legislate (Vote 12-8; RC)
March 19, 2019 Majority Committee Report: Inexpedient to Legislate for 03/19/2019 (Vote 12-8; RC) HC 16 P. 23
Minority Committee Report: Ought to Pass
March 19, 2019 Inexpedient to Legislate: MA RC 200-150 03/19/2019 HJ 10 P. 96

Action Dates

Date Body Type
Jan. 16, 2019 House Hearing
Jan. 17, 2019 House Exec Session
March 13, 2019 House Exec Session
House Floor Vote
March 19, 2019 House Floor Vote

Bill Text Revisions

HB208 Revision: 4409 Date: Dec. 27, 2018, 9:10 a.m.