Revision: April 6, 2021, 12:17 p.m.
Rep. Prout, Hills. 37
April 2, 2021
2021-1100h
04/10
Floor Amendment to HB 2-FN-A-LOCAL
Amend the bill by replacing section 332 with the following:
332 State of Emergency Due to the Novel Coronavirus (COVID-19); Emergency Order Violations Dismissed. The state shall not enforce and shall reverse any prior violation of the governor's emergency orders regarding the COVID-19 pandemic. Specifically, the state shall:
I. Void and if already paid, refund, any fines issued under emergency order #65, any other emergency order, or RSA 21-P:47. The governor is authorized to draw a warrant for up to $10,000 for the biennium ending June 30, 2023 for this purpose from any money in the treasury not otherwise appropriated; and
II. Void, or direct the attorney general to request that the court dismiss, any enforcement action related to violation of an emergency order; and
III. Restore any suspended or revoked license or permit where the action was related to a violation of the emergency orders; and
IV. Seal or expunge any record or written warning for the above acts, and render such findings or actions inadmissible in any subsequent proceeding.
Amend the bill by inserting after section 372 the following new section:
373 New Section; Annulment of Criminal Record Based on Violation of Emergency Orders Due to the Novel Coronavirus (COVID-19). Amend RSA 651 by inserting after section 5-b the following new section:
651:5-c Annulment of Criminal Record; Violation of COVID-19 Emergency Order. Any person convicted of a criminal offense arising from a violation of an emergency order issued pursuant to executive order 2020-04, declaring a state of emergency due to the novel coronavirus (COVID-19), as extended, 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 person shall be entitled to an annulment of such conviction upon application to the court and shall not be subject to any filing fee. The only permitted basis for denial of an annulment request brought under this section is a written finding by the court that the conviction was not for conduct in violation of an emergency order issued in response to COVID-19. As part of an annulment under this section, the court shall direct the appropriate executive branch agency to expunge any underlying administrative record and reimburse the petitioner for any fine or penalty previously paid. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
2021-1100h
AMENDED ANALYSIS
Insert after paragraph 96 the following new paragraph:
97. Requires annulment of an arrest or criminal conviction for violation of an emergency order issued in response to COVID-19.