CACR15 (2020) Detail

Relating to regulation of searches and seizures. Providing that certain information in a legally enforceable contract shall be secure from unreasonable searches and seizures.


CACR 15 - AS INTRODUCED

 

 

2020 SESSION

20-2008

06/10

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 15

 

RELATING TO: regulation of searches and seizures.

 

PROVIDING THAT: certain information in a legally enforceable contract shall be secure from unreasonable searches and seizures.

 

SPONSORS: Rep. Yokela, Rock. 33

 

COMMITTEE: Judiciary

 

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

 

ANALYSIS

 

This constitutional amendment concurrent resolution provides that certain information in a legally enforceable contract is protected from unreasonable searches and seizures.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

20-2008

06/10

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

CONCURRENT RESOLUTION PROPOSING CONSITUTIONAL AMENDMENT

 

RELATING TO: regulation of searches and seizures.

 

PROVIDING THAT: certain information in a legally enforceable contract shall be secure from unreasonable searches and seizures.

 

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

 

I.  That article 19 of the first part of the constitution be amended to read as follows:

[Art.] 19.  [Searches and Seizures Regulated.]  Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions, including information provided as a part of a legally enforceable contract that is to be used only for a limited purpose and otherwise kept confidential.  Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases* and with the formalities, prescribed by law.

II.  That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2020.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2020 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2020 session of the general court shall be approved.

IV.  That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending article 19 of the first part of the constitution to read as follows:

[Art.] 19.  [Searches and Seizures Regulated.]  Every subject hath a right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and all his possessions, including information provided as a part of a legally enforceable contract that is to be used only for a limited purpose and otherwise kept confidential.  Therefore, all warrants to search suspected places, or arrest a person for examination or trial in prosecutions for criminal matters, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in a warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure; and no warrant ought to be issued; but in cases* and with the formalities, prescribed by law."

V.  That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions.  The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.”  If no cross is made in either of the squares, the ballot shall not be counted on the question.  The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2020 General Court” shall be printed in bold type at the top of the ballot.

VI.  That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

VII.  Voters' Guide.

AT THE PRESENT TIME, information provided in a legally enforceable contract is not protected from searches and seizures.

IF THE AMENDMENT IS ADOPTED, information provided for a limited purpose, that is otherwise to be kept confidential, in a legally enforceable contract will be protected from unreasonable searches and seizures.

Links

CACR15 at GenCourtMobile
CACR15 Discussion

Action Dates

Date Body Type
Jan. 22, 2020 House Hearing
Feb. 5, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote
Feb. 20, 2020 House Floor Vote

Bill Text Revisions

CACR15 Revision: 7078 Date: Dec. 3, 2019, 9:26 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 33
Jan. 22, 2020 Public Hearing: 01/22/2020 11:00 am LOB 208
Feb. 5, 2020 Executive Session: 02/05/2020 10:00 am LOB 208
Feb. 19, 2020 Committee Report: Inexpedient to Legislate for 02/19/2020 (Vote 19-1; RC) HC 7 P. 32
Committee Report: Inexpedient to Legislate (Vote 19-1; RC)
Feb. 20, 2020 Special Order to regular place in next calendar (Rep. Ley): MA VV 02/20/2020