HB1233: relative to the privilege of habeas corpus.

HB 1233 – AS INTRODUCED

2008 SESSION

08-2361

06/09

HOUSE BILL 1233

AN ACT relative to the privilege of habeas corpus.

SPONSORS: Rep. Winters, Hills 17; Rep. Butler, Carr 1; Sen. Burling, Dist 5; Sen. Fuller Clark, Dist 24

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires the attorney general to take any action necessary to secure the privilege of habeas corpus in the event a person domiciled in New Hampshire is denied such privilege.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2361

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the privilege of habeas corpus.

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

1 New Subparagraph; Privilege of Habeas Corpus. Amend RSA 21-M:2, II by inserting after subparagraph (d) the following new subparagraph:

(e) Taking any and all actions necessary to secure the privilege of habeas corpus for any person domiciled in the state of New Hampshire who is denied such privilege, absent suspension of the privilege by the general court or the Congress of the United States in accordance with their respective constitutions. This subparagraph applies only to persons detained within the bounds of the United States and its political subdivisions, unless such person was unwillingly removed from such jurisdiction. Nothing in this subparagraph shall be construed to require the attorney general to represent any defendant after the privilege of habeas corpus has been restored.

2 Effective Date. This act shall take effect January 1, 2009.