HB 122 - AS AMENDED BY THE HOUSE
25mar03... 0175h
2003 SESSION
09/10
HOUSE BILL HB 122
AN ACT relative to an informed jury.
SPONSORS: Rep. Marple, Merr 37; Rep. McElroy, Hills 61; Rep. Gilman, Graf 9; Rep. L. Christiansen, Hills 66; Rep. Ingbretson, Graf 13; Sen. Boyce, Dist 4; Sen. Roberge, Dist 9; Sen. Prescott, Dist 23; Sen. Sapareto, Dist 19; Sen. Green, Dist 6
The bill states that a criminal defendant has a right that the court instruct the jury of its inherent right to disregard the law and the facts in controversy and to nullify.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25mar03... 0175h
03-0374
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to an informed jury.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent. Under the decisions of both the New Hampshire supreme court and the United States supreme court, the jury has an undeniable right to judge both the law and the facts in controversy. The jury system functions at its best when it is fully informed of these prerogatives. The general court wishes to perpetuate and reiterate the rights of the jury, as ordained under common law and recognized in the American jurisprudence, while preserving the rights of a criminal defendant.
2 New Sections; Right of Accused; Jury Instruction. Amend RSA 519 by inserting after section 23 the following new sections:
519:23-a Right of Accused. In all criminal proceedings where the defendant has made a timely request, the court shall explicitly instruct the jury in accordance with RSA 519:23-b of its inherent right to disregard the law as well as the facts and to nullify.
519:23-b Text of Jury Instruction. The court instruction provided for in RSA 519:23-a shall be substantially as follows:
"The test you must use is this: If you have a reasonable doubt as to whether the state has proved any one or more of the elements of the crime charged, you must find the defendant not guilty. However, if you find that the state has proved all of the elements of the offense charged beyond a reasonable doubt, you should find the defendant guilty. Ladies and gentlemen of the jury, the words for these instructions are chosen carefully. I emphasize the word "should" because you as jurors have the absolute right to decline to enter a verdict which could do violence to your conscience, even if you find that the state has proven its case beyond a reasonable doubt. On the contrary, if you find that the state has failed to prove any element of the crime beyond a reasonable doubt, you must find the defendant not guilty."
3 Effective Date. This act shall take effect January 1, 2004.