2001 SESSION

01-2175

04/09

HOUSE BILL 1309

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that a person who commits a violation-level offense for which the only penalty is a civil fine shall not be subject to arrest.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2175

04/09

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 Classification of Crimes; Violations; Arrest Limited. Amend RSA 625:9, V to read as follows:

V. A violation is an offense so designated by statute within or outside this code and, except as provided in this paragraph, any offense defined outside of this code for which there is no other penalty provided other than a fine or fine and forfeiture or other civil penalty. In the case of a corporation or an unincorporated association, offenses defined outside of this code are violations if the amount of any such fine provided does not exceed $50. Except for the violation-level offenses set forth in RSA 215-A:11, I, RSA 270:48-a, and RSA 265:82, no person committing a violation as defined in this paragraph shall be subject to arrest or custody, provided that nothing in this paragraph shall limit or impair the right of law enforcement officers to subject a person to arrest or custody based on the subsequent commission of a felony or misdemeanor offense.

2 Effective Date. This act shall take effect January 1, 2003.