Bill Text: NH HB1297 | 2016 | Regular Session | Introduced
Bill Title: Relative to harm to unalienable rights of inhabitants.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2016-03-10 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/10/2016 House Journal 25 P. 77 [HB1297 Detail]
Download: New_Hampshire-2016-HB1297-Introduced.html
HB 1297 - AS INTRODUCED
2016 SESSION
16-2318
04/10
HOUSE BILL 1297
AN ACT relative to harm to unalienable rights of inhabitants.
SPONSORS: Rep. Marple, Merr. 24; Rep. Ingbretson, Graf. 15; Rep. McClarren, Hills. 29; Rep. Comeau, Carr. 5; Rep. L. Christiansen, Hills. 37
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill creates a cause of action for certain violations of inhabitants rights and privileges.
This bill also mandates county attorneys to process affidavits for trial of such violations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2318
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to harm to unalienable rights of inhabitants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Abuse of Office; Trespass on Inhabitants Unalienable Rights by Public Servants. Amend RSA 643 by inserting after section 2 the following new section:
643:3 Trespass on Inhabitants Unalienable Rights by a Public Servant.
I. A public servant, as defined in RSA 640:2, II(a), acting under color of law or otherwise who uses or attempts to use threats, duress, intimidation, or coercion to diminish any inhabitant’s unalienable rights or privileges shall be guilty of misdeed and trespass. Upon receipt of an inhabitant’s affidavit of complaint of trespass, the county attorney shall immediately file a criminal action in the name of the state of New Hampshire in the superior court in which the inhabitant resides.
II. An inhabitant's affidavit shall be deemed to be a prima facie case under paragraph I. Any elected county attorney who fails to process an inhabitant’s affidavit shall be ipso facto guilty of trespass and nonfeasance and subject to the penalty of RSA 92:2.
2 Effective Date. This act shall take effect 60 days after its passage.
