CHAPTER 180

HB 1130 - FINAL VERSION

27jan00.....3107h

2000 SESSION

00-2218

05/09

HOUSE BILL 1130

AN ACT relative to persons conducting alcohol concentration tests.

SPONSORS: Rep. Christie, Rock 22

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows persons other than certifying scientists to testify regarding the results of breath tests.

This bill was requested by the department of health and human services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27jan00.....3107h

00-2218

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to persons conducting alcohol concentration tests.

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

180:1 Official Record of Tests. Amend RSA 265:90, I to read as follows:

I. Any person who is arraigned on a charge arising under RSA 265:84 shall file notice in said court, within 30 days immediately following the receipt by the person of the results of any alcohol concentration test administered to such person, requiring the attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist at the trial. The official report of the test issued pursuant to RSA 265:84 shall be deemed conclusive evidence of the conduct and result of said test.

180:2 Boating While Intoxicated; Implied Consent for Boaters. Amend RSA 270:56, I to read as follows:

I. Any person who is arraigned on a charge arising under RSA 270:48-a shall file notice in the court, within 30 days immediately following the receipt by said person of the results of any alcohol concentration test administered to such person, requiring the attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist. Failure to file notice shall be deemed a waiver to require attendance of the person who conducted the breath test, or in the case of any other chemical test, the certifying scientist at the trial. The official report of the test issued pursuant to RSA 270:49 shall be deemed conclusive evidence of the conduct and result of said test.

180:3 Effective Date. This act shall take effect upon its passage.

(Approved: May 26, 2000)

(Effective Date: May 26, 2000)