2001 SESSION

01-0256

09/01

HOUSE BILL 363

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires that buildings damaged or destroyed by arson or suspected arson be released from the custody or control of law enforcement agencies and the courts within 6 months of the occurrence of the arson or suspected arson, regardless of whether any party is charged with a crime.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0256

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 New Section; Arson-Damaged Buildings; Release From Control or Custody of Law Enforcement Agencies and Courts. Amend RSA 634 by inserting after section 1 the following new section:

634:1-a Arson-Damaged Buildings. Buildings which have been damaged or destroyed by arson or suspected arson shall be released from the custody or control of law enforcement agencies and the courts within 6 months of the occurrence of the arson or suspected arson, regardless of whether a party or parties are charged with the crime. In any criminal trial for arson, no defendant shall use the reconstruction of the building or the absence of evidence due to the reconstruction of the building in his or her defense. If the building is reconstructed prior to trial, the defendant shall have the right to use the prosecutor's discovery documents and investigation reports in his or her defense.

2 Effective Date. This act shall take effect January 1, 2002.