HB 1218 - AS INTRODUCED
2003 SESSION
06/09
HOUSE BILL 1218
AN ACT relative to criminal threatening by public servants.
SPONSORS: Rep. Cady, Rock 73; Rep. Souza, Hills 51; Rep. Nutter, Merr 37; Rep. Ingbretson, Graf 13; Rep. Marple, Merr 37
This bill creates a civil cause of action for criminal threatening by public servants.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-2016
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to criminal threatening by public servants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Civil Cause of Action Created; Criminal Threatening by Public Servants. Amend RSA 631:4 by inserting after paragraph III the following new paragraph:
IV. A civil cause of action is hereby created against any public servant, as defined in RSA 640:2, II, for violating the provisions of paragraphs I and II of this section. Such civil action may be initiated by any natural person. Upon the filing of such a civil action, the court shall provide an expedited hearing process to review the pleadings and ensure that such action is legally sufficient to state a claim for relief. A prevailing plaintiff shall be entitled to court costs and reasonable attorney's fees. The court shall order the individual removed from public office and set a time period during which the person found liable under this section shall be barred from holding public office or public employment in New Hampshire and, at its discretion, may award punitive damages.
2 Effective Date. This act shall take effect January 1, 2005.