Bill Text: NH HB118 | 2015 | Regular Session | Amended
Bill Title: Relative to vehicular assault.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-06-03 - Signed by the Governor on 6/2/2015; Chapter 51; Effective Date 1/1/2016 [HB118 Detail]
Download: New_Hampshire-2015-HB118-Amended.html
HB 118 – AS AMENDED BY THE HOUSE
11Feb2015… 0056h
2015 SESSION
04/10
HOUSE BILL 118
AN ACT relative to vehicular assault.
SPONSORS: Rep. Shurtleff, Merr 11
COMMITTEE: Criminal Justice and Public Safety
AMENDED ANALYSIS
This bill deletes the last sentence of the vehicular assault statute pursuant to the New Hampshire supreme court ruling in State v. Rollins-Ercolino, 149 N.H. 336 (2003), which held that the last sentence of the statute violates part I, article 15 of the New Hampshire constitution by shifting the burden of proof to the defendant and removing the evidence-weighing function of the jury regarding an element of the crime. The bill also adds a more specific requirement of culpability for the operation of a vehicle or vessel.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Feb2015… 0056h
2015 SESSION
15-0169
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to vehicular assault.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Vehicular Assault. Amend RSA 265:79-a to read as follows:
265:79-a Vehicular Assault. Any person who[, without intent,] causes death or serious bodily injury as defined in RSA 625:11, VI to another while using a vessel or propelled vehicle as defined in RSA 637:9, III shall be guilty of a class A misdemeanor, where such person's [unlawful] negligent operation of the propelled vehicle or vessel causes or materially contributes to the collision. [Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.]
2 Effective Date. This act shall take effect January 1, 2016.
