N.H. Code Admin. R. Saf-C 1017.02
Scope of Hearing
Effective Aug 5, 2023#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 206.02) (see Revision Note at chapter heading for Saf-C 1000)Commissioner, Department of Safety
- (a) The scope of a habitual offender hearing shall be limited to a review of the convictions which shall be used as the basis for finding a person to be a habitual offender.
- (b) In the event that the commissioner finds there are sufficient convictions to satisfy RSA 259:39, that the convictions are valid, and that the person is the same person named in the transcript, the commissioner shall certify the person to be a habitual offender.
- (c) If a person is convicted under the laws of another state of an offense specified in RSA 262:19, V, the conviction shall be used for the purpose of certifying the person as a habitual offender.
- (d) Pursuant to RSA 259:39, after a conviction for an offense listed in either RSA 259:39, I or in RSA 259:39, II, and within a 5 year period, if a person has a subsequent single incident resulting in 2 or more convictions of an offense under the same paragraph as the initial conviction, each such subsequent conviction shall be counted separately for the purposes of certifying the individual as a habitual offender.
Source. #2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; amd by #5688, eff 8-20-93; amd by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 205.02); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05; ss by #8230-B, eff 12-17-04; ss by #10395-B, eff 8-15-13; ss by #13685, eff 8-5-23 (formerly Saf-C 206.02) (see Revision Note at chapter heading for Saf-C 1000)