HB399 (2019) Detail

Relative to annulment of arrests or convictions for possession of a certain quantity of marijuana.


CHAPTER 211

HB 399-FN - FINAL VERSION

 

05/30/2019   1948s

2019 SESSION

19-0433

04/10

 

HOUSE BILL 399-FN

 

AN ACT relative to annulment of arrests or convictions for possession of a certain quantity of marijuana.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Read, Rock. 17; Rep. Frost, Straf. 16; Rep. Josephson, Graf. 11; Rep. DiLorenzo, Rock. 17; Rep. Gagne, Hills. 13

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a procedure for annulment of arrests or convictions for possession of 3/4 of an ounce or less of marijuana where the offense occurred before September 16, 2017.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/30/2019   1948s 19-0433

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to annulment of arrests or convictions for possession of a certain quantity of marijuana.

 

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

 

211:1  New Section; Annulment of Arrests and Convictions for Marijuana Possession.  Amend RSA 651 by inserting after section 5-a the following new section:

651:5-b  Annulment of Arrests and Convictions for Marijuana Possession.  Any person who was arrested or convicted for knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, 3/4 of an ounce of marijuana or less where the offense occurred before September 16, 2017 may, at any time, petition the court in which the person was convicted or arrested to annul the arrest record, court record, or both.  The petition shall state that the amount of marijuana was 3/4 of an ounce or less.  The petitioner shall furnish a copy of the petition to the office of the prosecutor of the underlying offense.  The prosecutor may object within 10 days of receiving a copy of the petition and request a hearing.  If the prosecutor does not object within 10 days, the court shall grant the petition for annulment.  If the prosecutor timely objects, the court shall hold a hearing.  In a hearing on the petition for annulment, the prosecutor shall be required to prove beyond a reasonable doubt that the petitioner knowingly or purposely obtained, purchased, transported, or possessed, actually or constructively, or had under his or her control, marijuana in an amount exceeding 3/4 of an ounce.  At the close of the hearing, the court shall grant the petition unless the prosecutor has proven that the amount of marijuana exceeded 3/4 of an ounce.  If the petition is granted, and an order of annulment is entered, the provisions of RSA 651:5, X-XI shall apply to the petitioner.

211:2  Effective Date.  This act shall take effect January 1, 2020.

 

Approved: July 12, 2019

Effective Date: January 01, 2020

 

 

Links

HB399 at GenCourtMobile
HB399 Discussion

Action Dates

Date Body Type
Jan. 15, 2019 House Hearing
Jan. 17, 2019 House Exec Session
House Floor Vote
Jan. 31, 2019 House Floor Vote
April 2, 2019 Senate Hearing
May 23, 2019 Senate Floor Vote
May 23, 2019 Senate Floor Vote
May 30, 2019 Senate Floor Vote

Bill Text Revisions

HB399 Revision: 6558 Date: Dec. 3, 2019, 3:40 p.m.
HB399 Revision: 6343 Date: June 13, 2019, 4:14 p.m.
HB399 Revision: 6129 Date: June 10, 2019, 2:05 p.m.
HB399 Revision: 4649 Date: Jan. 7, 2019, 3:49 p.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Criminal Justice and Public Safety HJ 3 P. 13
Jan. 15, 2019 Public Hearing: 01/15/2019 02:30 pm LOB 204
Jan. 17, 2019 Executive Session: 01/17/2019 11:00 am LOB 204
Committee Report: Ought to Pass (Vote 18-2; RC)
Jan. 31, 2019 Committee Report: Ought to Pass for 01/31/2019 (Vote 18-2; RC) HC 9 P. 7
Jan. 31, 2019 Ought to Pass: MA VV 01/31/2019 HJ 4 P. 12
March 7, 2019 Introduced 03/07/2019 and Referred to Judiciary; SJ 8
April 2, 2019 Hearing: 04/02/2019, Room 100, SH, 10:30 am; SC 16
May 23, 2019 Committee Report: Ought to Pass with Amendment # 2019-1948s, 05/23/2019; SC 23
May 23, 2019 Special Order to the next session, Without Objection, MA; 05/23/2019; SJ 17
May 30, 2019 Committee Report: Ought to Pass with Amendment # 2019-1948s, 05/30/2019; SC 24
May 30, 2019 Committee Amendment # 2019-1948s, AA, VV; 05/30/2019; SJ 18
May 30, 2019 Ought to Pass with Amendment 2019-1948s, MA, VV; OT3rdg; 05/30/2019; SJ 18
June 13, 2019 House Concurs with Senate Amendment 1948s (Rep. Cushing): MA VV 06/13/2019 HJ 19 P. 2
June 27, 2019 Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019 Enrolled 06/27/2019 HJ 20 P. 53
July 12, 2019 Signed by Governor Sununu 07/12/2019; Chapter 211; Eff: 01/01/2020