HB.146 - New Hampshire Jury Nullification Law

CHAPTER 243

HB 146 – FINAL VERSION

15Mar2011… 0591h

01/18/12 0062s

6June2012… 2434CofC

2012 SESSION

11-0091

09/05

HOUSE BILL 146

AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.

SPONSORS: Rep. L. Christiansen, Hills 27

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill states that in all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relationship to the facts in controversy.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0591h

01/18/12 0062s

6June2012… 2434CofC

11-0091

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the right of a jury to judge the application of the law in relationship to the facts in controversy.

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

243:1 Findings and Intent of the General Court. Under the decisions of both the New Hampshire supreme court and the United States Supreme Court, the jury has the right to judge the facts and the application of the law in relationship to the facts in controversy. The jury system functions at its best when it is fully informed of the jury’s 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, as enumerated in part 1, articles 15 and 20, New Hampshire Bill of Rights.

243:2 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 permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.

243:3 Effective Date. This act shall take effect January 1, 2013.

Approved: June 18, 2012

Effective Date: January 1, 2013