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

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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.  

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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  The following are repealed: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