HR24: requesting an opinion of the justices concerning the constitutionality of HB 1146.

HR 24 – AS INTRODUCED

2010 SESSION

10-2962

03/09

HOUSE RESOLUTION 24

A RESOLUTION requesting an opinion of the justices concerning the constitutionality of HB 1146.

SPONSORS: Rep. Shurtleff, Merr 10; Rep. Welch, Rock 8; Rep. Pantelakos, Rock 16; Rep. Stevens, Carr 4; Rep. Cushing, Rock 15

COMMITTEE:

ANALYSIS

This house resolution requests an opinion of the justices on the constitutionality of HB 1146.

This resolution was requested by the criminal justice and public safety committee.

10-2962

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

A RESOLUTION requesting an opinion of the justices concerning the constitutionality of HB 1146.

Whereas, there is pending in the House, House Bill 1146, “An Act eliminating requirements for additional breath tests for blood alcohol content”; and

Whereas, HB 1146 eliminates the requirement that samples of breath of a DWI suspect be sufficient to allow an additional test for each breath sample taken and the captured sample or sample be given to the suspect for his or her own independent analysis; and

Whereas, HB 1146 has been introduced and is presently pending before the House; and

Whereas, certain questions have arisen concerning the constitutionality of HB 1146; now, therefore, be it

Resolved by the House of Representatives:

That the Justices of the Supreme Court be respectfully requested to give their opinion on the following questions of law:

(1) Does HB 1146 violate the due process clause of either the United States constitution or the New Hampshire constitution?

(2) Does HB 1146 violate any other provisions of the United States constitution or the New Hampshire constitution?

That the clerk of the House transmit copies of this resolution and House Bill 1146 to the Justices of the New Hampshire Supreme Court.