HB 1347 – AS INTRODUCED
2010 SESSION
09/05
HOUSE BILL 1347
AN ACT relative to the right of jury nullification.
SPONSORS: Rep. L. Christiansen, Hills 27; Rep. Hogan, Hills 25; Rep. Ingbretson, Graf 5
This bill states that in all criminal proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify any and all actions they find to be unjust. The court is also mandated to permit the defendant or counsel for the defendant to explain this right of jury nullification to the jury.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2300
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the right of jury nullification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent of the General Court. 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 the jury’s 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, as enumerated in part 1, articles 15 and 20, New Hampshire Bill of Rights, and the Seventh Amendment of the Constitution for the United States of America.
2 New Section; Right of Accused; Jury Instruction. Amend RSA 519 by inserting after section 23 the following new section:
519:23-a Right of Accused. In all court proceedings the court shall instruct the jury of its inherent right to judge the law as well as the facts and to nullify any and all actions they find to be unjust. The court is mandated to permit the defendant or counsel for the defendant to explain this right of jury nullification to the jury.
3 Effective Date. This act shall take effect upon its passage.