HB206: relative to filing of complaints for violation-level offenses.

HB 206 - AS AMENDED BY THE HOUSE

13feb03... 0156h

2003 SESSION

03-0368

09/01

HOUSE BILL 206

AN ACT relative to filing of complaints for violation-level offenses.

SPONSORS: Rep. Welch, Rock 79

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill allows for the electronic filing of complaints for violation-level offenses without a police officer's signature or oath. The bill clarifies that the misdemeanor penalty for unsworn falsification applies to false electronic complaints.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13feb03... 0156h

03-0368

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to filing of complaints for violation-level offenses.

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

1 Jurisdiction and Procedure; Complaints; Filings for Violation-Level Offenses. Amend RSA 592-A:7 to read as follows:

592-A:7 Complaints. Criminal proceedings before a district [or municipal] court shall be begun by complaint, signed and under oath, addressed to such court, briefly setting forth, by name or description, the party accused and the offense [with which he is] charged, provided that a complaint filed by a police officer, as defined in RSA 188-F:23, I, for a violation-level offense shall not require a signature or an oath. Any complaint filed electronically shall provide notice that making false statements on the complaint may result in criminal prosecution.

2 Unsworn Falsification. Amend RSA 641:3 to read as follows:

641:3 Unsworn Falsification. A person is guilty of a misdemeanor if:

I. He or she makes a written false statement which he or she does not believe to be true, on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or

II. With a purpose to deceive a public servant in the performance of his or her official function, he or she:

(a) Makes any written or electronic false statement which he or she does not believe to be true; or

(b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or

(c) Submits or invites reliance on any writing which he or she knows to be lacking in authenticity; or

(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he or she knows to be false.

III. No person shall be guilty under this section if he or she retracts the falsification before it becomes manifest that the falsification was or would be exposed.

3 Effective Date. This act shall take effect January 1, 2004.