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To: neverdem; AAABEST; A.J.Armitage; archy; austingirl; BADROTOFINGER; Baseballguy; Beck_isright; ...
Leave it to an AP story. What was the vote in the Senate, and what vote do you need to overturn a veto in NH?

No news stories on the vote are yet posted at either the FSP website or the NRAs, so we'll see. There are a couple of other places for me to check, so watch this space. Accordingly, FSP and FSW PorcuPing!

In the meantime, here's the final text of the bill [SB318] as it passed the NH House- I don't believe there were any significant alterations.

SB 318-FN – VERSION ADOPTED BY BOTH BODIES

2006 SESSION

06-2964

04/01

SENATE BILL 318-FN

AN ACT relative to the use of deadly force to protect oneself.

SPONSORS: Sen. Bragdon, Dist 11; Sen. Letourneau, Dist 19; Rep. Stepanek, Hills 6; Rep. Hinkle, Hills 19; Rep. Mooney, Hills 19; Rep. Soltani, Merr 8

COMMITTEE: Judiciary

ANALYSIS

This bill allows a person who is in any place where he or she has a right to be to use deadly force to protect oneself.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2964

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the use of deadly force to protect oneself.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Physical Force in Defense of a Person. Amend RSA 627:4, II(d) to read as follows:

(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling [or], its curtilage, or in any place where the actor has a right to be.

2 Physical Force in Defense of a Person. Amend RSA 627:4, III(a) to read as follows:

(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling [or], its curtilage, or in any place where he or she has a right to be, and was not the initial aggressor; or

3 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2964

12/7/05

SB 318-FN - FISCAL NOTE

AN ACT relative to the use of deadly force to protect oneself.

FISCAL IMPACT:

The Departments of Justice and Corrections and the Judicial Branch state this bill may increase state expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county and local expenditures.

METHODOLOGY:

The Department of Justice states this bill would expand the right to use deadly force in self-defense, and concomitantly limit the situations in which the use of deadly force would not be justified. The Department believes expanding the situations in which the use of deadly force in self-defense is permissible creates the potential that New Hampshire residents will resort to the use of deadly force when they otherwise would have used non-deadly force or retreated from the situation. This could result in an increase in homicides. The Department would be responsible for overseeing the investigation of any such homicide, and if it was determined that the use of deadly force was not justified under statute, the prosecution. The oversight of a homicide investigation, leading to a determination of whether or not a person will be charged, would require approximately 290 hours of attorney time, 20 hours of secretarial time, and 245 hours of victim/witness advocate time. The prosecution of a homicide would require approximately 1,660 hours of attorney time, 100 to 150 hours of paralegal time, 140 hours of victim/witness advocate time, and 50 hours of secretarial time. There could also be costs incurred for expert witnesses, deposition of witnesses, travel and lodging for out-of-state witnesses, and miscellaneous expenses for the preparation of trial exhibits.

The Department of Corrections states the number of individuals that will be affected by this legislation cannot be predicted. The average annual cost of incarcerating an individual in the general prison population was $28,143 in FY 2005.

The Judicial Branch states this bill extends the place where deadly force may be used to any place where one has a right to be. The Branch is unable to determine the fiscal impact at this time, but estimates any impact will be minimal and not exceed $10,000.

LBAO

06-2964

12/7/05

The Judicial Council states this legislation does not establish a criminal act or penalty, and will have no impact on indigent defense fund expenditures

6 posted on 04/28/2006 7:29:02 AM PDT by archy (I am General Tso. This is my Chief of Staff, Colonel Sanders....)
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To: archy

Thanks for the ping. August 15th will be my first full year in NH. I love it here!


11 posted on 05/01/2006 10:38:34 AM PDT by t_skoz ("let me be who I am - let me kick out the jams!")
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To: archy

Governor Lynch in his comments, Said he had concern about the bill and needed to talk to the Attorney Generals office and police to see if he would veto the bill. The DA office and Police have been out spoken against this bill. I think he always had the intention to veto the bill. I have email Governor Lynch several time and asked him not to veto the bill(s). Have not got any reply back and don't think I will.


17 posted on 05/02/2006 7:19:35 PM PDT by leo468
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To: archy

Governor Lynch in his comments, Said he had concern about the bill(s) and needed to talk to the Attorney Generals office and police to see if he would veto the bill(s). The DA office and Police have been out spoken against this bill(s). I think he always had the intention to veto the bill(s). I have email Governor Lynch several time and asked him not to veto the bill(s). Have not got any reply back and don't think I will.


18 posted on 05/02/2006 7:21:24 PM PDT by leo468
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