LIVE FREE OR DIE LEGAL
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This page is an unofficial LFoD record and is not legal advice. Verify the document against the official source before relying on it.

HB1287: repealing a provision of the harassment statute.

Bill status: Signed by Governor

Citation
2016 HB1287
Official source

Bill details

Version history is not present in imported LFoD data.

Amendments are not present in imported LFoD data.

Roll-call votes are not present in imported LFoD data.

Fiscal notes are not present in imported LFoD data.

House status
Passed/Adopted
Senate status
Passed/Adopted
Committee
SENATE Judiciary
Hearing
04/21/2016 at 02:00 PM
Selected version
Current official bill text

Sponsors

Topics

Criminal justice and courts

Official links

CHAPTER 136

HB 1287 - FINAL VERSION

2016 SESSION

16-2296

04/09

HOUSE BILL 1287

AN ACT repealing a provision of the harassment statute.

SPONSORS: Rep. Berch, Ches. 1; Rep. Sylvia, Belk. 6

COMMITTEE: Judiciary

ANALYSIS

This bill repeals 2 provisions in the harassment statute to comply with the New Hampshire supreme court opinion in State v. Pierce, 152 N.H. 790 (2005): first, a provision relating to a type of communication that constitutes harassment and second, a requirement that the defendant bears the burden of proof to show any exception or exemption which applies to that communication.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2296

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT repealing a provision of the harassment statute.

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

136:1 Breaches of the Peace and Related Offenses; Harassment. Amend RSA 644:4, I(e) to read as follows:

(e) With the purpose to annoy or alarm another, communicates any matter containing any threat to kidnap any person or to commit a violation of RSA 633:4; or a threat to the life or safety of another[; or].

136:2 Repeal. The following are repealed:

I. RSA 644:4, I(f), relative to communication that constitutes harassment.

II. RSA 644:4, III, relative to placing the burden of proof on the defendant to prove any exception or exemption for communication that constitutes harassment.

136:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 27, 2016

Effective Date: July 26, 2016