Bill Text: NH HB82 | 2011 | Regular Session | Chaptered
Bill Title: Relative to the annulment of criminal records.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-28 - House Signed By Governor 06/28/2011; Effective 06/28/2011; Chapter 0219 [HB82 Detail]
Download: New_Hampshire-2011-HB82-Chaptered.html
CHAPTER 219
HB 82 – FINAL VERSION
06/01/11 2195s
2011 SESSION
04/01
HOUSE BILL 82
AN ACT relative to the annulment of criminal records.
SPONSORS: Rep. Welch, Rock 8; Rep. Pantelakos, Rock 16; Rep. Charron, Rock 7; Rep. Shurtleff, Merr 10; Rep. Tholl, Coos 2
COMMITTEE: Criminal Justice and Public Safety
This bill makes various changes to the statute governing annulment of criminal records.
This bill is the result of the committee to study the statute governing the annulment of criminal records established in 2010, 307.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/01/11 2195s
11-0262
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the annulment of criminal records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
219:1 Annulment of Criminal Records. Amend RSA 651:5, I-II to read as follows:
I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, [after hearing,] the annulment will assist in the petitioner’s rehabilitation and will be consistent with the public welfare. The court may grant or deny an annulment without a hearing, unless a hearing is requested by the petitioner.
II. Any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time in accordance with the provisions of this section.
219:2 Annulment of Criminal Records. Amend RSA 651:5, XII to read as follows:
XII. A person is guilty of a misdemeanor if, during the life of another who has had a record of arrest or conviction annulled pursuant to this section, he or she, having knowledge of the annulment, knowingly discloses or communicates the existence of such record except as provided in subparagraph XI(b) and paragraphs XVI-XVII.
219:3 New Paragraphs; Annulment of Criminal Records. Amend RSA 651:5 by inserting after paragraph XV the following new paragraphs:
XVI. A journalist or reporter shall not be subject to civil or criminal penalties for publishing or broadcasting:
(a) That a person had a criminal record that has been annulled, including the content of that record.
(b) That a person has a criminal record, including the content of such record, without reporting that the record has been annulled, if the journalist or reporter does not have knowledge of the annulment.
XVII. No person or entity, whether public or private, shall be subject to civil or criminal penalties for not removing from public access or making corrections to a report or statement that a person has a criminal record, including the content of such record, if thereafter the criminal record was annulled. This provision shall apply to any report or statement, regardless of its format.
219:4 Effective Date. This act shall take effect upon its passage.
Approved: June 28, 2011
Effective Date: June 28, 2011
