5jan00.....2040h

4/20/00.....4202s

4may00.....4470-EBA

2000 SESSION

99-0095

09/10

HOUSE BILL 312

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill defines "area used by the court" for purposes of restricting the carrying of firearms in courthouses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4/20/00.....4202s

5jan00.....2040h

4may00.....4470-EBA

99-0095

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

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

175:1 Firearms Restrictions; Courthouse Security. RSA 159:19 is repealed and reenacted to read as follows:

159:19 Courthouse Security.

I. No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon the person or within any of the person's possessions owned or within the person's control in a courtroom or area used by a court. Whoever violates the provisions of this paragraph shall be guilty of a class B felony.

II. Firearms may be secured at the entrance to a courthouse by courthouse security personnel.

III. For purposes of paragraph I, "area used by a court" means:

(a) In a building dedicated exclusively to court use, the entire building exclusive of the area between the entrance and the courthouse security.

(b) In any other building which includes a court facility, courtrooms, jury assembly rooms, deliberation rooms, conference and interview rooms, the judge's chambers, other court staff facilities, holding facilities, and corridors, stairways, waiting areas, and elevators directly connecting these rooms and facilities.

IV. The provisions of this section shall not apply to marshals, sheriffs, deputy sheriffs, police or other duly appointed or elected law enforcement officers, bailiffs and court security officers, or persons with prior authorization of the court for the purpose of introducing weapons into evidence and as otherwise provided for in RSA 159:5.

V. It shall be an affirmative defense to any prosecution under paragraph I that there was no notice of the provisions of paragraph I posted in a conspicuous place at each public entrance to the court building.

175:2 Effective Date. This act shall take effect January 1, 2001.

(Approved: May 26, 2000)

(Effective Date: January 1, 2001)