HB252 (2005) Detail

Requiring bail hearings for persons arrested for probation violations.


CHAPTER 230

HB 252 – FINAL VERSION

09Mar2005… 0450h

06/02/05 1591s

2005 SESSION

05-0416

09/04

HOUSE BILL 252

AN ACT requiring bail hearings for persons arrested for probation violations.

SPONSORS: Rep. Pantelakos, Rock 16

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires bail hearings for persons arrested for probation violations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09Mar2005… 0450h

06/02/05 1591s

05-0416

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT requiring bail hearings for persons arrested for probation violations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

230:1 New Paragraph; Release of Person Detained for Probation Violation. Amend RSA 597:2 by inserting after paragraph I the following new paragraph:

I-a. Except as provided in RSA 597:1-d, a person charged with a probation violation shall be entitled to a bail hearing. The court shall issue an order that, pending a probation violation hearing, the person be:

(a) Released on his or her personal recognizance or upon execution of an unsecured appearance bond, pursuant to the provisions of paragraph II;

(b) Released on a condition or combination of conditions pursuant to the provisions of paragraph III; or

(c) Detained.

230:2 New Section; Bail and Recognizances for Person Detained for Probation Violation. Amend RSA 597 by inserting after section 5 the following new section:

597:5-a When Requirable; Bail and Recognizances for Person Detained for Probation Violation. Upon motion duly made, a court shall schedule a bail hearing. Every court may, when a person is accused of an offense or a probation violation in which said court is authorized to receive bail, release said person on personal recognizance or require him or her to recognize, with sureties, to appear at a future time before the court or any other competent tribunal.

230:3 Effective Date. This act shall take effect January 1, 2006.

(Approved: July 11, 2005)

(Effective Date: January 1, 2006)

Links

HB252 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB252 Revision: 8730 Date: Jan. 21, 2010, midnight

Docket