Bill Text: NH SB202 | 2014 | Regular Session | Amended


Bill Title: Relative to the elements of the crime of burglary.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed - Dead) 2014-05-22 - Sen. Carson Moved Nonconcur with House Amendment 1708h; Motion Adopted, Voice Vote; Senate Journal 14 [SB202 Detail]

Download: New_Hampshire-2014-SB202-Amended.html

SB 202 – AS AMENDED BY THE HOUSE

14May2014… 1708h

2014 SESSION

14-2596

04/06

SENATE BILL 202

AN ACT relative to the elements of the crime of burglary and relative to capital murder.

SPONSORS: Sen. Kelly, Dist 10; Sen. Soucy, Dist 18; Sen. Lasky, Dist 13; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Rep. Pantelakos, Rock 25

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill amends the burglary statute to include cases where a person remains unlawfully in a building or occupied structure. This bill also provides that the penalty for capital murder shall be life imprisonment without the possibility for parole.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14May2014… 1708h

14-2596

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the elements of the crime of burglary and relative to capital murder.

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

1 Unauthorized Entries; Burglary. Amend RSA 635:1, I to read as follows:

I. A person is guilty of burglary if he or she enters or remains unlawfully in a building or occupied structure, or separately secured or occupied section thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.

2 Homicide; Capital Murder. Amend RSA 630:1, III to read as follows:

III. A person convicted of a capital murder [may be punished by death] shall be sentenced to life imprisonment and shall not be eligible for parole.

3 Effective Date.

I. Section 1 of this act shall take effect 60 days after its passage.

II. The remainder of this act shall take effect upon its passage.

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