HB1361: relative to sentences for certain offenses committed on or near a public college or university campus.

CHAPTER 87

HB 1361 – FINAL VERSION

17Mar2004… 0727h

2004 SESSION

03-2001

04/09

HOUSE BILL 1361

AN ACT relative to sentences for certain offenses committed on or near a public college or university campus.

SPONSORS: Rep. M. Smith, Straf 72; Rep. D. Eaton, Ches 24; Rep. Knowles, Straf 69; Rep. Naro, Graf 15; Sen. Estabrook, Dist 21

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill specifies penalties for certain offenses committed on or near a public college or university campus.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17Mar2004… 0727h

03-2001

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to sentences for certain offenses committed on or near a public college or university campus.

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

87:1 New Paragraph; Breaches of the Peace; Riot. Amend RSA 644:1 by inserting after paragraph IV the following new paragraph:

V.(a) If the conduct comprising the offense of riot occurred within any municipality in which a student housing facility owned by a public institution of higher education is located, or in any adjacent municipality, the following penalties may be imposed, in addition to those set forth in RSA 651:

(1) The court may order the individual not to enter the campus of any public institution of higher education in this state as follows:

(A) If the offense is a felony, for a period of time not to exceed 2 years following the imposition of sentence or the completion of any term of imprisonment.

(B) If the offense is a misdemeanor, for a period of time not to exceed one year following the imposition of sentence or the completion of any term of imprisonment.

(2) The court may order the individual to pay restitution to the public institution of higher education and, if appropriate, any municipality for expenses incurred as a result of the riot. The amount shall be reasonable and shall not exceed the individual’s fair and reasonable share of the costs.

(b) An order issued under this section shall not apply to any of the following:

(1) Entering onto the campus of a public institution of higher education to obtain medical treatment.

(2) Traveling on a public roadway situated on the campus of a public institution of higher education for the purpose of traveling to a location other than on such campus.

(c) For the purposes of this section, “public institution of higher education” shall include any public community college, public college, or public university.

87:2 Effective Date. This act shall take effect upon its passage.

(Approved: May 7, 2004)

(Effective Date: May 7, 2004)