Section Saf-C 1017.02 - Scope of Hearing(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.N.H. Admin. Code § Saf-C 1017.02
#2250, eff 12/31/1982; ss by #2946-a, eff 1/3/1985; ss by #4451, eff 6/24/1988; ss by #4844, eff 6/20/1990; amd by #5688, eff 8/20/1993; amd by #6249, INTERIM, eff 6/16/1996, EXPIRES: 10/14/1996; ss and moved by #6337, eff 9/25/1996 (from Saf-C 205.02); ss by #8174, INTERIM, eff 9/25/2004, EXPIRES: 3/24/2005; ss by #8230-B, eff 12/17/2004; ss by #10395-B, eff 8/15/2013.Amended by Number 32, Filed August 10, 2023, Proposed by #13685, Effective 8/5/2023, Expires 8/5/2033 (formerly Saf-C 206.02) (see Revision Note at chapter heading for Saf-C 1000).