Text to be removed highlighted in red.
92:1 New Paragraph; Criminal Code; Sentences and Limitations. Amend RSA 651:2 by inserting after paragraph II-g the following new paragraph:
II-h. A person charged with any offense under RSA 265, RSA 265-A, or RSA 630:3 whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving, as defined in RSA 265:79-c, may be subject to enhanced penalties for such offenses, as follows:
(a) If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.
(b) If the offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor.
(c) If the offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony.
(d) If the offense would otherwise constitute a class B felony, it may be charged as a class A felony.
(e) If the offense is a class A felony or an unclassified felony, there shall be no enhanced charge.
92:2 Effective Date. This act shall take effect January 1, 2023.
Approved: May 20, 2022
Effective Date: January 01, 2023
Text to be added highlighted in green.
92:1 New Paragraph; Criminal Code; Sentences and Limitations. Amend RSA 651:2 by inserting after paragraph II-g the following new paragraph:
II-h. A person charged with any offense under RSA 265, RSA 265-A, or RSA 630:3 whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving, as defined in RSA 265:79-c, may be subject to enhanced penalties for such offenses, as follows:
(a) If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.
(b) If the offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor.
(c) If the offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony.
(d) If the offense would otherwise constitute a class B felony, it may be charged as a class A felony.
(e) If the offense is a class A felony or an unclassified felony, there shall be no enhanced charge.
92:2 Effective Date. This act shall take effect January 1, 2023.
Approved: May 20, 2022
Effective Date: January 01, 2023