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HB1366: relative to penalties for violation of protective orders.

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

Topics

Criminal justice and courts

Official links

HB 1366 - AS INTRODUCED

2003 SESSION

03-2258

09/10

HOUSE BILL 1366

AN ACT relative to penalties for violation of protective orders.

ANALYSIS

This bill limits the requirement for detention of defendants arrested for alleged violations of protective orders to those arrested for physical abuse 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2258

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to penalties for violation of protective orders.

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

1 Detention After Arrest for Violation of Protective Order. Amend RSA 173-B:9, I(a) to read as follows:

(a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and [ensure that], if the violation is not physical abuse, may detain the defendant [is detained] until arraignment. If the violation is physical abuse, the defendant shall be detained until arraignment. Such arrests may be made within 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.

2 Penalty for Violation of Protective Order. Amend RSA 173-B:9, III to read as follows:

III. A person shall be guilty of a [class A] misdemeanor if such person knowingly violates a protective order issued under this chapter, or RSA 458:16, III, or any foreign protective order enforceable under the laws of this state. Charges made under this chapter shall not be reduced to a lesser charge, as permitted in other instances under RSA 625:9.

3 Effective Date. This act shall take effect January 1, 2005.