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Thursday, March 27, 2003

 

IT'S NOT ALL BAD NEWS

New Hampshire is now the third state where one chamber of the legislature passed a FIJA bill. It is still pending in the Senate. Thanks to Dick Marple and the other sponsors! AZ and OK were the first two.

http://www.gencourt.state.nh.us/index/indexstatus.asp?expbillno=hb0122&txtsessionyear=2003
HB122
LSR #: 374 Body: H Local Gov: N Chapter #: Gen Stat: HOUSE
House Status

Status: PASSED / ADOPTED WITH AMENDMENT
Status Date: Tuesday, March 25, 2003
Current Comm: JUDICIARY
Comm of Referral: JUDICIARY
Date Intro: Wednesday, January 08, 2003
Due Out of Comm: Thursday, March 20, 2003

Floor Date: Tuesday, March 25, 2003
Amended: Yes
Title: relative to an informed jury.

HB 122 - AS INTRODUCED
2003 SESSION
03-0374
09/10
HOUSE BILL HB 122
AN ACT relative to an informed jury.
SPONSORS: Rep. Marple, Merr 37; Rep. McElroy, Hills 61; Rep. Gilman, Graf 9; Rep. L. Christiansen, Hills 66; Rep. Ingbretson, Graf 13; Sen. Boyce, Dist 4; Sen. Roberge, Dist 9; Sen. Prescott, Dist 23; Sen. Sapareto, Dist 19; Sen. Green, Dist 6
COMMITTEE: Judiciary
ANALYSIS
This bill states that a criminal defendant has a right that the court instruct the jury of its inherent right to judge the law and the facts in controversy and to nullify.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0374
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to an informed jury.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent. Under the decisions of both the New Hampshire supreme court and the United States supreme court, the jury has an undeniable right to judge both the law and the facts in controversy. The jury system functions at its best when it is fully informed of these prerogatives. The general court wishes to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence, while preserving the rights of a criminal defendant.
2 New Section; Right of Accused; Jury Instruction. Amend RSA 519 by inserting after section 23 the following new section:
519:23-a Right of Accused. In all criminal proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify.
3 Effective Date. This act shall take effect January 1, 2004.

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