0168-sb 0221

CHAPTER 168

SB 221-FN - FINAL VERSION

AN ACT relative to the offense of obstructing government administration by the use of simulated legal process.

SPONSORS: Sen. Peterson, Dist 11

This bill defines simulated legal process in the context of obstructing government administration and in the context of giving official notice.

The bill also provides additional penalties for committing the offense of obstructing government administration by the use of simulated legal process.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the offense of obstructing government administration by the use of simulated legal process.

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

168:1 Obstructing Government Administration by the Use of Simulated Legal Process. Amend RSA 642:1 to read as follows:

I. A person is guilty of a misdemeanor if [he] that person uses [~~force, violence,~~] intimidation, actual or threatened force or violence, simulated legal process, or engages in any other unlawful [~~act~~] conduct with a purpose to hinder or interfere with a public servant, as defined in RSA 640:2, II, performing or purporting to perform an official function[~~; provided, however, that~~] or to retaliate for the performance or purported performance of such a function.

II. Flight by a person charged with an offense, refusal by anyone to submit to arrest, or any such interference in connection with a labor dispute with the government shall be prosecuted under the statutes governing such matters and not under this section.

III. In this section, "simulated legal process" means a document or order which purports to have been issued by a court or filed or recorded for the purpose of exercising jurisdiction or representing a claim against a person or property, or for the purpose of directing a person to appear before a court or tribunal, or to perform or refrain from performing a specified act, but which the actor knows was not lawfully issued or rendered in accordance with the applicable statutes, rules, regulations, or ordinances of the federal, state, or local government, or a political subdivision thereof. "Simulated legal process" includes any document that purports to be a summons, lien, indictment, complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.

IV. For any offense committed under paragraph I that involved the use of simulated legal process, the court may impose the following remedies, in addition to any criminal penalties authorized under RSA 651:

(a) Such appropriate injunctive relief as the court may deem necessary to prevent continued violations of this section.

(b) Restitution to the public official for any out-of-pocket expenses incurred as a result of the simulated legal process, including legal fees.

168:2 Unlawful Simulation of Legal Process. Amend RSA 638:14 to read as follows:

638:14 Unlawful Simulation of [~~Official Notice~~] Legal Process. A person is guilty of a misdemeanor who, with a purpose to procure the compliance of another with a request made by such person, knowingly sends, mails or delivers to such person a notice or other writing which has no judicial or other sanction, but which in its format or appearance simulates a summons, complaint, court order or process, including, but not limited to, lien, indictment, warrant, injunction, writ, notice, pleading, subpoena, or order, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction.