HB 1514-FN – AS INTRODUCED

2012 SESSION

12-2287

04/05

HOUSE BILL 1514-FN

AN ACT establishing the crime of oppressing an inhabitant’s free exercise of rights.

SPONSORS: Rep. L. Christiansen, Hills 27

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes the crime of oppression of free exercise of rights.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2287

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT establishing the crime of oppressing an inhabitant’s free exercise of rights.

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

1 New Chapter; Oppression of Free Exercise of Rights. Amend RSA by inserting after chapter 640 the following new chapter:

CHAPTER 640-A

OPPRESSION OF FREE EXERCISE OF RIGHTS

640-A:1 Oppression of Free Exercise of Rights.

I. A public servant acting under color of state authority, by force or threat, who knowingly injures, intimidates, or obstructs, or attempts to injure, intimidate, or obstruct, or who oppresses any inhabitant in the exercise or enjoyment of any right or privilege secured by the constitution or laws of New Hampshire or the Constitution or laws of the United States of America shall be guilty of a class B felony, or a class A felony, if the injury, intimidation, or obstruction of the right or privilege results in bodily injury.

II. A public servant acting under color of state authority shall be guilty of a class B felony if he or she unlawfully restricts an inhabitant’s freedom of action to the inhabitant’s detriment by:

(a) Committing a criminal act against an inhabitant;

(b) Accusing an inhabitant of a criminal act;

(c) Exposing any secret which would tend to subject an inhabitant to hatred, ridicule, or contempt, or impair the inhabitant’s credit or business reputation; or

(d) Taking or withholding action as a public servant or causing a public servant to take or withhold action.

III. Any public servant as defined in RSA 640:2 who is convicted under this section shall be ipso facto removed from public office and shall be prohibited from holding any public office in this state in the future.

2 Effective Date. This act shall take effect upon its passage.

LBAO

12-2287

12/07/11

HB 1514-FN - FISCAL NOTE

AN ACT establishing the crime of oppressing an inhabitant’s free exercise of rights.

FISCAL IMPACT:

METHODOLOGY: