NH House passes jury nullification bill

[Keith and stuff]

On March 15th, the NH House passed HB 146, the jury nullification bill.

While Lawyers representing the defendant are already allowed to bring up the topic of jury nullification and jury nullification flyers are frequently handed out to potential juries in several places around NH including the Keene District Court and the court in Grafton County, that is not good enough. This bill goes a set beyond just allowing lawyers to bring the subject up. It tells judges to inform the jury of the right to jury nullification.

http://www.nhliberty.org/bills/view/2011/HB146

ANALYSIS

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.

[Keith and stuff]

The Senate Judiciary Committee voted on bill HB 146 yesterday. The vote was 2-2, the Chair, Sen. Houde (D) voted against the bill and it was labeled ITL. The full NH Senate is scheduled to vote on Wednesday, June 1st.

If the NH State Senator representing your district is a Republican, please encourage him or her to support HB 146 when it gets to the Senate floor for a vote. Feel free to remind him that it is part of the NH GOP Platform or anything else you think might help. Please CALL and email him. You can do the same if you live in a district with a Democratic NH Senate Senator if you want, though I'm not sure of the impact.

NH State Senator Look Up, http://www.gencourt.state.nh.us/Senate/members/wml.aspx

Additionally, if you know anyone else that supports this bill and has a Republican State Senator, please ask them to do the same. Blogging about this, calling friends, emailing friends, talking to folks in person, whatever you can do. A jury nullification bill has never done this well, this far along in the process in NH. If this bill becomes law, it makes NH laws the most jury nullification friendly in the US. It can pass, but your help is needed.

More information on the bill, http://www.nhliberty.org/bills/view/2011/HB146

Here is a little history:
2000 HB 1236 - Jury Nullification passed House, 5-0 ITL in Senate Committee, Full Senate did a voice vote supporting the ITL
2001 HB 133 (a very weak bill) - Jury Nullification didn't pass House
2003 HB 122- Jury Nullification passed House, 3-2 ITL in Senate Committee, Full Senate did a voice vote supporting ITL
2005 HB 530 - Jury Nullification didn't pass House
2007 HB 906 - Jury Nullification didn't pass House
2010 HB 1347 - Jury Nullification didn't pass House
2011 HB 146 - Jury Nullification passed House, 2-2 ITL in Senate Committee, ?

Thanks.

[Keith and stuff]

On 1/12/2012, the Senate Committee voted Ought to Pass with Amendment.
On 1/18/2012, the Senate voted Ought to Pass with Amendment 15 to 9. Unfortunately, it didn't pass the Senate by enough votes to override a veto.

Union Leader article about the bill,

Ward Bird case brings revised law
Staff Report
Published Jan 19, 2012 at 3:00 am (Updated Jan 18, 2012)
http://www.unionleader.com/article/2...WS06/701199989

[libertybrewcity]

On 1/12/2012, the Senate Committee voted Ought to Pass with Amendment.
On 1/18/2012, the Senate voted Ought to Pass with Amendment 15 to 9. Unfortunately, it didn't pass the Senate by enough votes to override a veto.

Union Leader article about the bill,

Ward Bird case brings revised law
Staff Report
Published Jan 19, 2012 at 3:00 am (Updated Jan 18, 2012)
http://www.unionleader.com/article/2...WS06/701199989

This is disappointing. This is one bill I was hoping would pass. Hopefully it can be brought up again in another session.

[Keith and stuff]

Let's not give up yet. There is no guarantee that Governor Lynch will veto the bill. In case it fails, there is another, very similar bill, working it's way through the NH House right now.

[Keith and stuff]

YAL just posted this article on Facebook. http://www.thedailychronic.net/2012/...arijuana-case/

That reminded me, we did get HB146 passed. Yes, even the governor signed up. HB 146 became active law on 1-1-2013. That's old news to most around here but I wanted to update this thread with the info

[bxm042]

nice