HB 1287 – AS INTRODUCED
2008 SESSION
09/04
HOUSE BILL 1287
AN ACT establishing a commission to study negotiated plea agreements.
SPONSORS: Rep. L. Hammond, Graf 11; Rep. Shurtleff, Merr 10; Rep. Hamm, Merr 4; Rep. Burridge, Ches 3; Rep. Fontas, Hills 24
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a commission to study negotiated plea agreements.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2186
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing a commission to study negotiated plea agreements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commission Established. There is established a commission to study negotiated plea agreements between prosecutors and defendants in New Hampshire.
2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) The chairman of the house judiciary committee, or designee.
(b) The chairman of the house criminal justice and public safety committee, or designee.
(c) The chairman of the senate judiciary committee, or designee.
(d) Two members of the house judiciary committee, appointed by the speaker of the house.
(e) Two members of the house criminal justice and public safety committee, appointed by the speaker of the house.
(f) The attorney general, or designee.
(g) One county attorney, appointed by the executive director of the New Hampshire Association of Counties.
(h) The president of the New Hampshire Association of Criminal Defense Lawyers, or designee.
(i) The executive director of the New Hampshire Public Defender, or designee.
(j) A retired superior court judge, appointed by the chief justice of the New Hampshire supreme court.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
3 Duties. The commission shall review the existing policies of prosecutors in New Hampshire when they seek to enter into a negotiated plea agreement. The commission shall attempt to determine the circumstances under which negotiated plea agreements are most frequently offered, the types of offenses for which negotiated plea agreements are offered, and the type of representation in cases involving negotiated plea agreements.
4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the house members. The first meeting of the commission shall be called by the chairman of the house judiciary committee. The first meeting of the commission shall be held within 30 days of the effective date of this section. Six members of the commission shall constitute a quorum.
5 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the house clerk, and the state library on or before November 1, 2008.
6 Effective Date. This act shall take effect upon its passage.