New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 200 - PROCEDURAL AND HEARINGS RULES
Part Saf-C 206 - HABITUAL OFFENDERS
Section Saf-C 206.02 - Scope of Hearing
Current through Register No. 40, October 3, 2024
(a) The scope of an 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 an habitual offender.
(b) In the event the commissioner finds there are sufficient convictions to satisfy RSA 259:39, the convictions are valid, and that the person is the same person named in the transcript, the commissioner shall certify the person to be an 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 an 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, a person who 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 an habitual offender.
#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
