Bill Text - HB399 (2019)

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


Revision: Dec. 3, 2019, 3:40 p.m.

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.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

 

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

 

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

 

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.

 

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

 

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