HB 196 - AS AMENDED BY THE HOUSE

7Apr2021... 0758h

2021 SESSION

21-0362

04/08

HOUSE BILL 196

AN ACT adding trespass as an exception to the charge of criminal threatening.

SPONSORS: Rep. Yakubovich, Merr. 24; Rep. Binford, Graf. 15; Rep. Roy, Rock. 32; Rep. T. Lekas, Hills. 37; Rep. Rhodes, Ches. 15; Rep. Aron, Sull. 7; Rep. Piemonte, Rock. 4; Rep. DeSimone, Rock. 14

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill adds an exception to the criminal threatening statute for a person who displays a firearm to warn away a trespasser.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0758h 21-0362

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT adding trespass as an exception to the charge of criminal threatening.

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

1  Criminal Threatening.  Amend RSA 631:4, IV to read as follows:

IV.  A person who responds to a person criminally trespassing pursuant to RSA 635:2 or other threat which would be considered by a reasonable person as likely to cause property damage, serious bodily injury, or death to the person or to another by displaying a firearm or other means of self-defense with the intent to warn away the person criminally trespassing or making the threat shall not have committed a criminal act under this section.

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