HB749: (New Title) relative to the description in a criminal complaint of the party accused.

CHAPTER 12

HB 749 – FINAL VERSION

25mar03… 0659h

01/07/04 2451s

2004 SESSION

03-0336

04/09

HOUSE BILL 749

AN ACT relative to the description in a criminal complaint of the party accused.

SPONSORS: Rep. Belanger, Rock 76; Rep. John Manning, Rock 76; Sen. Morse, Dist 22

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill provides that a description of the accused in a criminal complaint may include an identifiable ridge skin impression or a DNA profile, and provides that complaints containing only an identifiable ridge skin impression or a DNA profile and which allege certain criminal offenses shall toll the applicable statute of limitations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03… 0659h

01/07/04 2451s

03-0336

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the description in a criminal complaint of the party accused.

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

12:1 Jurisdiction and Procedure; Complaints. Amend RSA 592-A:7 to read as follows:

592-A:7 Complaints.

I. Criminal proceedings before a district 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 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 include notice that making a false statement on the complaint may result in criminal prosecution.

II. The description of the accused may include an identifiable ridge skin impression or a DNA profile. A complaint that contains only an identifiable ridge skin impression or DNA profile, and that alleges one or more of the following offenses shall, upon its filing, toll the applicable statute of limitations under RSA 625:8:

(a) Capital murder under RSA 630:1.

(b) First degree murder under RSA 630:1-a.

(c) Second degree murder under RSA 630:1-b.

(d) Manslaughter under RSA 630:2.

(e) Negligent homicide under RSA 630:3.

(f) First degree assault under RSA 631:1.

(g) Second degree assault under RSA 631:2.

(h) Aggravated felonious sexual assault under RSA 632-A:2.

(i) Felonious sexual assault under RSA 632-A:3.

(j) Kidnapping under RSA 633:1.

(k) Arson under RSA 634:1, I-III.

(l) Robbery under RSA 636:1.

12:2 Effective Date. This act shall take effect 60 days after its passage.

(Approved: April 5, 2004)

(Effective Date: June 4, 2004)