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1 Improper Influence. Amend RSA 640:3 to read as follows:
640:3 Improper Influence.
I. A person is guilty of a class B felony if he:
(a) Threatens any harm to a public servant, party official or voter with the purpose of influencing his action, decision, opinion, recommendation, nomination, vote or other exercise of discretion; or
(b) Privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, argument or other communication with the purpose of influencing that discretion on the basis of considerations other than those authorized by law; or
(c) Being a public servant or party official, fails to report to a law enforcement officer conduct designed to influence him in violation of subparagraph (a) or (b) hereof.
II. "Harm" means any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter is interested, provided that harm shall not be construed to include the exercise of any conduct protected under the First Amendment to the United States Constitution or any provision of the federal or state constitutions.
2 Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
3 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 Improper Influence. Amend RSA 640:3 to read as follows:
640:3 Improper Influence.
I. A person is guilty of a class B felony if he:
(a) Threatens any harm to a public servant, party official or voter , or immediate family member of a public servant, party official, or voter, with the purpose of influencing his action, decision, opinion, recommendation, nomination, vote or other exercise of discretion; or
(b) Privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, argument or other communication with the purpose of influencing that discretion on the basis of considerations other than those authorized by law; or
(c) Being a public servant or party official, fails to report to a law enforcement officer conduct designed to influence him in violation of subparagraph (a) or (b) hereof.
II. "Harm" means any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter , or their immediate family member, is interested, provided that harm shall not be construed to include the exercise of any conduct protected under the First Amendment to the United States Constitution or any provision of the federal or state constitutions.
III. "Immediate family member" means a spouse, domestic partner, parent, child, sibling, grandparent, grandchild, or any person residing in the same household as the public servant, party official, or voter.
IV. Any person convicted under subparagraph I(a) of this section shall be sentenced to:
(a) A mandatory minimum term of imprisonment of not less than one year for each separately charged public servant, party official, voter, or immediate family member who was threatened; and
(b) A mandatory minimum fine of not less than $1,000 for each separately charged public servant, party official, voter, or immediate family member who was threatened.
V. The mandatory minimum penalties under paragraph IV:
(a) Shall apply separately for each individual threatened;
(b) Shall not be suspended, deferred, or reduced;
(c) Shall be served consecutively for multiple victims;
(d) Shall preclude eligibility for parole until the mandatory minimum term has been served; and
(e) Are in addition to any other penalties that may be imposed.
2 Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
3 Effective Date. This act shall take effect January 1, 2027.