Latest news with #HouseCriminalJusticeandPublicSafetyCommittee
Yahoo
23-05-2025
- Politics
- Yahoo
SIG Sauer immunity bill clears House, heads to Ayotte
A controversial bill giving limited immunity from liability to SIG Sauer and other New Hampshire gunmakers over optional features regarding their weapons is headed to the desk of Gov. Kelly Ayotte. House embraces legal immunity for SIG Sauer over pistol lawsuits House Criminal Justice and Public Safety Committee Chairman Terry Roy, R-Deerfield, spoke in support of a Senate-passed amendment to give gun makers in the state limited immunity from lawsuits over optional features. A spate of lawsuits across the country against SIG Sauer and its P320 pistol sparked this bill to protect a major employer in the state. After a brief debate Thursday, the House of Representatives embraced by a 200-161 vote a Senate amendment that only surfaced publicly two weeks ago and has never faced a public hearing. The vote came after more than two dozen law enforcement officials from across the country had urged the House to turn aside the proposal given their involvement in dealing with SIG Sauer's P320 pistol that has resulted in 82 lawsuits filed in federal courts here. A group of 22 gun owners brought suits over the pistol last month. 'This has everything to do with a powerful company in denial with a defect on a key piece of their property,' said state Rep. David Meuse, D-Portsmouth, speaking in opposition. Rep. Terry Roy, R-Deerfield and chairman of the House Criminal Justice and Public Safety Committee, said many of the lawsuits came from opponents of gun owners that wanted to create legal problems for a prominent gun maker. 'At the end of the day this isn't about gun rights, this is about product liability,' Roy said. ''Do you want people to be able to sue carmakers over cars that don't have air conditioning?' During an interview, Roy stressed that while the SIG Sauer pistol spawned the legislation, it applies to all companies. 'I don't want to pass something that only affects one company, but this does not. It really seemed like the trial lawyers seized on a few cases of officers getting hurt with the weapon and that caused this avalanche of lawsuits because the gun has no safety. Well, if you order the pistol to have one, it will. If you don't, why should you be able to recover in court?' Roy said. The state Senate earlier this month approved the measure on a partisan, 16-8 vote with all Republicans in support and all Democrats against it. The House vote Thursday was similarly partisan with Republicans backing it, 197-1, while Democrats opposed it, 159-2. Senate Judiciary Committee Chairman Bill Gannon, R-Sandown, said the immunity was limited to optional features of the weapon and would not prevent a lawsuit over any gun's manufacturing defect. Gannon's amendment specifically exempts gunmakers from liability claims over the 'absence or presence' of items such as a magazine disconnect mechanism, a loaded chamber indicator, authorized user recognition (such as fingerprint) technology or an external mechanical safety. The change was added to a popular House-passed bill (HB 551) that would eliminate a license needed to sell handguns. What's Next: It will likely take a few weeks for final processing of the bill to get to the desk of Gov. Ayotte who has yet to take a public position. Prospects: Likely to sign. As a former attorney general, Ayotte would likely have raised concerns even privately with legislators and key supporters said she has not. .klandrigan@
Yahoo
28-03-2025
- Politics
- Yahoo
New Hampshire House moves to reduce criminal penalties for shrooms
The New Hampshire House of Representatives passed a bill Wednesday that would reduce the penalties for people 21 and older caught with psilocybin, the psychedelic drug commonly known as magic mushrooms or shrooms. The House approved House Bill 528 during Wednesday's voting session as part of the consent agenda through a voice vote. If enacted, the bill would reduce the penalty for people 21 and older who obtain, purchase, transport, possess, or use psilocybin in New Hampshire from a felony to a simple violation with a small fine and no jail time. On the first offense, someone caught with psilocybin could face a fine of up to $100 under this bill; on the second offense that rises to $500, and for third-time offenders it could be up to $1,000. Second or third offenses would also rise from a violation to a misdemeanor under this bill. The drug is currently illegal in New Hampshire under the Controlled Drug Act. Originally, the bill's proponents, including its sponsor Deerfield Republican Rep. Kevin Verville, called for psilocybin to be legalized entirely for people 21 and older. However, the House Criminal Justice and Public Safety Committee ultimately amended the proposal to simply lessen the punishment. Earlier this month, the Criminal Justice and Public Safety Committee voted unanimously in favor of the bill. The legislation still must be approved by both the Senate and the governor before it can become law. 'Not only is this not really a dangerous drug, but it also has medicinal benefits that people are unable to take advantage of currently because of its classification under the Controlled Drug Act,' Rep. Alissandra Murray, a Manchester Democrat, said during the committee's March 7 meeting. 'While entirely removing it might be too big a step for this Legislature to take right now, I think this is a good compromise to start with.' In 2019, psilocybin was outlawed in all 50 U.S. states. However, Oregon became the first state to legalize the drug in 2020. Colorado also legalized it in 2022. It is still illegal in the remaining 48 states. Cannabis is another recreational drug that has seen even more growing acceptance as of late. Cannabis is now legal for medicinal purposes in 39 U.S. states and for recreational use in 24 after once being illegal across the entire country. In New Hampshire, it is still illegal for recreational use. However, it is decriminalized and legal for medicinal purposes. Verville has sponsored another bill, House Bill 75, that would legalize recreational cannabis. This story was originally published by the New Hampshire Bulletin. This article originally appeared on Portsmouth Herald: NH House moves to reduce criminal penalties for shrooms
Yahoo
26-03-2025
- Politics
- Yahoo
New Hampshire House votes to reduce punishments for shrooms
On first offense, someone caught with psilocybin could face a fine of up to $100 under the bill; on second offense that rises to $500, and for third-time offenders it could be up to $1,000. (Photo) The New Hampshire House of Representatives passed a bill Wednesday that would reduce the penalties for people 21 and older caught with psilocybin, the psychedelic drug commonly known as magic mushrooms or shrooms. The House approved House Bill 528 during Wednesday's voting session as part of the consent agenda through a voice vote. If enacted, the bill would reduce the penalty for people 21 and older who obtain, purchase, transport, possess, or use psilocybin in New Hampshire from a felony to a simple violation with a small fine and no jail time. On first offense, someone caught with psilocybin could face a fine of up to $100 under this bill; on second offense that rises to $500, and for third-time offenders it could be up to $1,000. Second or third offenses would also rise from a violation to a misdemeanor under this bill. The drug is currently illegal in New Hampshire under the Controlled Drug Act. Originally the bill's proponents, including its sponsor Deerfield Republican Rep. Kevin Verville, called for psilocybin to be legalized entirely for people 21 and older. However, the House Criminal Justice and Public Safety Committee ultimately amended the proposal to simply lessen the punishment. Earlier this month, the Criminal Justice and Public Safety Committee voted unanimously in favor of the bill. The legislation still must be approved by both the Senate and governor before it can become law. 'Not only is this not really a dangerous drug, but it also has medicinal benefits that people are unable to take advantage of currently because of its classification under the Controlled Drug Act,' Rep. Alissandra Murray, a Manchester Democrat, said during the committee's March 7 meeting. 'While entirely removing it might be too big a step for this Legislature to take right now, I think this is a good compromise to start with.' In 2019, psilocybin was outlawed in all 50 U.S. states. However, Oregon became the first state to legalize the drug in 2020. Colorado also legalized it in 2022. It is still illegal in the remaining 48 states. Cannabis is another recreational drug that has seen even more growing acceptance as of late. Cannabis is now legal for medicinal purposes in 39 U.S. states and for recreational use in 24 after once being illegal across the entire country. In New Hampshire, it is still illegal for recreational use. However, it is decriminalized and legal for medicinal purposes. Verville has sponsored another bill, House Bill 75, that would legalize recreational cannabis.
Yahoo
13-03-2025
- Politics
- Yahoo
House endorses Ayotte's bail reform bill
Mar. 13—The sweeping bail reform bill sought by Gov. Kelly Ayotte cleared its first major legislative hurdle Thursday. The House of Representatives voted 205-170 to approve the measure after it rejected attempts by Democratic critics to water it down. "Today the House brought us one step closer to shutting the revolving door for violent criminals," Ayotte said in a statement after the vote. The House took four votes on the measure, none by a recorded roll call, however. All four were by division under which the votes of individual legislators were not identified. The proportions of the vote roughly matched the ratio of Democrats and Republicans in the chamber Thursday. The House debated the measure as many law-enforcement professionals supporting the cause sat in the gallery. House Criminal Justice and Public Safety Committee Chairman Terry Roy, R-Deerfield, said last year lawmakers made changes to a 2018 bail reform law, but Ayotte and GOP legislative leaders wanted to go further. "The bill last year was a good bill; it wasn't a Republican bill," Roy said. "We don't have to compromise; it is now a Republican majority, and we are going to pass a Republican bail bill. We don't have to be ashamed of that." The most significant change would lower the standard of proof that prosecutors need to convince a judge that someone accused of a violent crime is dangerous enough to be held without bail. The current standard is "clear and convincing evidence" while this year's bill, which has Ayotte's backing, would lower it to "probable cause." Ayotte said higher standards have proven difficult for prosecutors to achieve in court. "You are really requiring them to hold a mini-trial to reach that kind of standard, which isn't fair," said Ayotte, a former attorney general. "Probable cause is a recognized standard that is used when someone in law enforcement seeks a warrant to search someone's private property. It is known and well understood in the criminal justice system." Critics: violent crime down Rep. Buzz Scherr, D-Portsmouth, was one of the chief architects of the 2018 law as an appellate law expert and professor at the University of New Hampshire School of Law. Since then, Scherr said, the number of serious violent and property crimes has dropped from 19,000 in 2017 to just over 13,000 in 2024. "Despite the rhetoric, the bail reform law is working," Scherr said. "We don't need to fix bail reform." House Majority Leader Jason Osborne, R-Auburn, said during her campaign for governor, Ayotte had made the issue a top priority, and the entire GOP leadership team backed that decision. "Upholding law and order and finishing our work to fix New Hampshire's bail system were a key part of the mandate which voters handed us when they sent a Republican trifecta to represent them in Concord," Osborne said. Court administrators have maintained the bill could increase taxpayer costs since it will likely lead to detaining more accused offenders in county jails while awaiting trials. Ayotte said the correctional system "has the capacity" to jail more offenders if that's necessary. "Twenty-five to 30 percent of all people charged with crimes have their charges dismissed or are found not guilty," Scherr said. "We will be jailing pre-trial people who have not been found guilty and some of whom will never be found guilty." The legislation also would do away with three magistrates whose positions were created as part of a 2024 bail reform law. These magistrates are charged with conducting initial bail matters on nights or weekends when full-time judges are not working. Court officials said the three magistrates were named to five-year terms, and it would be appropriate for any change in law to phase them out of that judicial post over time. +++ What's Next: The bill now heads to the State Senate. Prospects: Excellent. Senate Republican leaders have already endorsed the measure. klandrigan@
Yahoo
12-03-2025
- Politics
- Yahoo
Ayotte and opponents make final pitches on bill to roll back bail reform law
Gov. Kelly Ayotte speaks at a press conference to urge the passage of House Bill 592, which would undo large parts of a 2018 bail reform law, Wednesday, March 12, 2025. (Photo by Ethan DeWitt/New Hampshire Bulletin) Advocates on both sides of New Hampshire's bail law debate have waged competing influence campaigns ahead of a pivotal House vote Thursday on a bill to roll back the state's 2018 bail reform laws. House Bill 592, supported by Gov. Kelly Ayotte, would tighten the standards for determining bail for people who are arrested, and would eliminate a magistrate system created last year intended to allow bail hearings on weekends. That would undo much of what passed in 2018 in a bill intended to reduce the number of people held in jail the ability to pay bail. For people charged with a series of violent offenses, the bill would require courts to find whether there is 'probable cause' that they are a danger to themselves or others, or that they are likely not to appear at future court hearings. Currently the standard for dangerousness is 'clear and convincing' evidence. The bill received a recommendation of 'ought to pass' from the House Criminal Justice and Public Safety Committee in late February, but it will need a majority approval vote from the full House Thursday to advance to the Senate. One influential libertarian group, the New Hampshire Liberty Alliance, has called on representatives to vote it down. On Wednesday, Ayotte held a press conference packed with state police, local police officers, lawmakers, and county attorneys, urging the Legislature to pass the bill. An amendment recommended by the committee last month aligns the bill to Ayotte's own proposed bail law in her budget trailer bill. 'The 2018 law — it came from a national movement,' Ayotte said. 'And what happens sometimes is these national movements don't fit our state. And I think that's what happened here.' Speaking to reporters, Ayotte said she is recommending eliminating the magistrate system because inserting non-judges into the bail process created more issues than it solved. She argued the positions, which were intended to help accused people obtain bail certainty on weekends, are not necessary. 'In my experience as a prosecutor, judges do work weekends. I've been to many judges' houses in the middle of the night to get a search warrant,' she said. The press conference came a week after Manchester Mayor Jay Ruais penned a letter to lawmakers in support of the law with seven other mayors, including Paul Callahan of Rochester; Robert Carrier of Dover; Byron Champlin of Concord; Robert Cone of Berlin; Dale Girard of Claremont; Jay Kahn of Keene; and Desiree McLaughlin of Franklin. 'Like many municipalities, we have vacancies in our police departments that make an already trying job more difficult,' the letter stated. 'This problem compounds itself when criminals cycle through a process of arrest and release, only to be arrested again.' But critics of the law say it will make it far too easy — and likely — for courts to hold people in jail ahead of their trials. That change, they say, could increase the state's incarceration rate and cause people to lose employment or custody of their children even if they are later proven innocent. 'This is a criminal legal reform issue that keeps people from immediately being held in jail after being arrested because they cannot afford to pay bail, or because they were arrested on a Friday night and now need to wait until Monday, or because they haven't been able to address tickets or pay fines, et cetera,' said Amanda Azad, policy director at the New Hampshire ACLU, which is recommending representatives vote no. 'So if people are deemed dangerous or not deemed dangerous, they shouldn't be incarcerated before they've even been convicted or had a trial.' The Liberty Alliance is also seeking to encourage no votes. The group publishes a document known as the 'Gold Standard' ahead of House voting session days, in which the group lays out recommendations for how its members should vote on certain bills. In this week's document, members of the Liberty Alliance are recommended to vote against the bill. 'This bill does many things that are bad for civil liberties,' the document states, citing the elimination of the magistrate system and the change of the standard of proof to hold defendants as among the problems. Asked Wednesday his reaction to the Liberty Alliance's recommendation, House Majority Leader Jason Osborne, an Auburn Republican, said he was confident HB 592 would pass on Thursday 'The governor was very gracious and gave us a lot of time to try to negotiate with all of our members about all of their concerns,' he said. 'At the end of the day, not every word in the bill that came out of the committee is to every member's liking, but I do believe that Republicans as a whole will stand behind the product that was produced.'
