HB 539-FN – AS AMENDED BY THE HOUSE

27Mar2007… 0473h

2007 SESSION

07-0700

04/03

HOUSE BILL 539-FN

AN ACT relative to manslaughter.

SPONSORS: Rep. W. Knowles, Straf 6; Rep. Tholl, Coos 2; Rep. Burridge, Ches 3; Rep. Winchell, Rock 6; Rep. Forest, Hills 17; Sen. Fuller Clark, Dist 24; Sen. Roberge, Dist 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the circumstances under which a defendant who commits a homicide would be charged with manslaughter.

This bill is a request of the department of justice.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Mar2007… 0473h

07-0700

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to manslaughter.

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

1 Manslaughter. Amend RSA 630:2, I to read as follows:

I. A person is guilty of manslaughter when he or she causes the death of another[:

(a) Under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder; or

(b)] recklessly.

I-a. A defendant charged with murder under RSA 630:1-a, I(a) or RSA 630:1-b is guilty of manslaughter if he or she proves by a preponderance of the evidence that he or she was acting under the influence of extreme mental or emotional disturbance caused by extreme provocation. The defendant shall provide pre-trial notice to the prosecution of his or her intent to rely on this affirmative defense.

2 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0700

01/24/07

HB 539-FN - FISCAL NOTE

AN ACT relative to manslaughter.

FISCAL IMPACT:

METHODOLOGY: