SB370 (2008) Detail

Relative to emergency powers of the supreme court.


CHAPTER 346

SB 370 – FINAL VERSION

23Apr2008… 1197h

06/04/08 1968CofC

2008 SESSION

08-2631

09/03

SENATE BILL 370

AN ACT relative to emergency powers of the supreme court.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Judiciary

ANALYSIS

This bill grants the chief justice of the supreme court the power to enter orders to suspend, toll, or otherwise grant relief from time deadlines imposed by statutes and rules of procedure, for a 21-day period, in the event of a declared state of emergency. The bill permits the legislature to terminate such orders by concurrent resolution.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Apr2008… 1197h

06/04/08 1968CofC

08-2631

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to emergency powers of the supreme court.

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

346:1 New Section; Emergency Powers of the Supreme Court. Amend RSA 490 by inserting after section 6 the following new section:

490:6-a Emergency Powers.

I. The chief justice of the supreme court or, if the chief justice is unavailable, the most senior associate justice available, shall have the power, upon the request of the governor, attorney general, or the chief justice of the superior court or the administrative judge of the district or probate court or the judicial branch family division, or on his or her own motion, in the event of a declared state of emergency, as defined in RSA 4:45, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief for a period of up to 21 calendar days from time deadlines imposed by otherwise applicable statutes and rules of procedure regarding speedy trial procedures in criminal and juvenile court proceedings, all civil and equitable court process and court proceedings, and all appellate court time limitations. Such order or orders may be renewed by a majority of the justices of the supreme court as justice may require; provided, however, that any such renewal with respect to applicable statutes shall be effective only upon the concurrence of the governor.

II. The general court may terminate any order entered pursuant to paragraph I of this section to the extent that it deals with applicable statutes by concurrent resolution adopted by a majority vote of each chamber. The justices’ authority to renew such an order to the extent that it deals with applicable statutes shall terminate upon the adoption of a concurrent resolution under this paragraph.

346:2 Effective Date. This act shall take effect upon its passage.

Approved: July 7, 2008

Effective Date: July 7, 2008