Bill Text - SB441 (2020)

Relative to the definition of secured premises for the purpose of criminal trespass.


Revision: Dec. 19, 2019, 9:51 a.m.

SB 441  - AS INTRODUCED

 

 

2020 SESSION

20-3028

04/03

 

SENATE BILL 441

 

AN ACT relative to the definition of secured premises for the purpose of criminal trespass.

 

SPONSORS: Sen. Chandley, Dist 11; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Gray, Dist 6; Sen. Kahn, Dist 10; Rep. Opderbecke, Straf. 15; Rep. Pantelakos, Rock. 25; Rep. Petrigno, Hills. 23

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes a penalty for criminal trespass to include any state correctional facility, transitional housing unit, and parking area operated by the department of corrections.

 

This bill is a request of the department of corrections.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-3028

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the definition of secured premises for the purpose of criminal trespass.

 

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

 

1  Criminal Trespass.  Amend RSA 635:2, III to read as follows:

III.  Criminal trespass is a misdemeanor if:

(a)  The trespass takes place in an occupied structure as defined in RSA 635:1, III; or

(b)  The person knowingly enters or remains:

(1)  In any secured premises;

(2)  In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person;[ or]

(3)  In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order; or

(4)  On any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections without prior authorization or without a legitimate purpose associated with department of corrections operations.

2  Effective Date.  This act shall take effect 60 days after its passage.