Bill Text: NH SB391 | 2016 | Regular Session | Chaptered
Bill Title: Relative to annulment of certain misdemeanor offenses.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-06-28 - II. Remainder Effective 06/24/2016 [SB391 Detail]
Download: New_Hampshire-2016-SB391-Chaptered.html
CHAPTER 325
SB 391 - FINAL VERSION
06/01/2016 2037CofC
06/01/2016 2162EBA
2016 SESSION
16-2873
04/10
SENATE BILL 391
AN ACT relative to annulment of certain misdemeanor offenses.
SPONSORS: Sen. Forrester, Dist 2; Sen. Watters, Dist 4; Rep. Vadney, Belk. 2; Rep. Gallagher, Belk. 4; Rep. Ford, Graf. 3
COMMITTEE: Judiciary
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ANALYSIS
This bill amends the waiting period for petitioning for the annulment of a misdemeanor marijuana or hashish offense.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/01/2016 2037CofC 16-2873
06/01/2016 2162EBA 04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to annulment of certain misdemeanor offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
325:1 Annulment of Criminal Records. Amend RSA 651:5, III to read as follows:
III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows:
(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
(b) For a class B misdemeanor except as provided in subparagraphs (f) and (h), 2 years.
(c) For a class A misdemeanor except as provided in [subparagraph (f)] subparagraphs (f) and (i), 3 years.
(d) For a class B felony except as provided in subparagraph (g), 5 years.
(e) For a class A felony, 10 years.
(f) For sexual assault under RSA 632-A:4, 10 years.
(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
(h) For any misdemeanor where the victim was, at the time of the offense, a family or household member or intimate partner as those terms are defined in RSA 173-B:1, 3 years.
(i) For a class A misdemeanor under RSA 318-B:26, II(d), 2 years.
325:2 Annulment of Criminal Records. Amend RSA 651:5, III to read as follows:
III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows:
(a) For a violation, one year, unless the underlying conviction was for an offense specified under RSA 259:39.
(b) For a class B misdemeanor except as provided in subparagraphs (f) and (h), 2 years.
(c) For a class A misdemeanor except as provided in [subparagraph (f)] subparagraphs (f) and (i), 3 years.
(d) For a class B felony except as provided in subparagraph (g), 5 years.
(e) For a class A felony, 10 years.
(f) For sexual assault under RSA 632-A:4, 10 years.
(g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years.
(h) For any misdemeanor where the victim was, at the time of the offense, a family or household member or intimate partner as those terms are defined in RSA 173-B:1, 3 years.
(i) For a class A misdemeanor under RSA 318-B:26, II(d) or (e), 2 years.
325:3 Contingency. If SB 498-FN of the 2016 regular legislative session becomes law, section 1 of this act shall not take effect and section 2 of this act shall take effect at 12:01 a.m. on the effective date of SB 498-FN. If SB 498-FN does not become law, section 1 of this act shall take effect 60 days after its passage and section 2 of this act shall not take effect.
I. Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: June 24, 2016
Effective Date: I. Sections 1 and 2 shall take effect as provided in section 3
II. Remainder shall take effect June 24, 2016
