HB1404: relative to the competing harms defense.

HB 1404 - AS AMENDED BY THE HOUSE

22Feb2018... 0489h

2018 SESSION

18-2506

04/05

HOUSE BILL 1404

AN ACT relative to the competing harms defense.

SPONSORS: Rep. Hynes, Hills. 21

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the statute regarding the defense of competing harms.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2018... 0489h 18-2506

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT relative to the competing harms defense.

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

1 Justification; Competing Harms. Amend RSA 627:3, I to read as follows:

I. Conduct which the actor believes [to be necessary to] will avoid harm to himself or another is justifiable if [the desirability and urgency of] avoiding such harm [outweigh] outweighs, according to ordinary standards of reasonableness, the harm sought to be prevented by the statute defining the offense charged. [The desirability and urgency of such conduct may not rest upon considerations pertaining to the morality and advisability of such statute, either in its general or particular application.] Whether conduct is justifiable or not is a question of fact for the jury. The defendant shall be entitled to offer any relevant evidence in his or her defense. If the defendant presents evidence of a defense under this paragraph, the state shall be allowed to submit rebuttal evidence, including the harm sought to be prevented by this section.

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