SB387 (2008) Detail

Relative to forfeiture of recognizances.


SB 387 – AS INTRODUCED

2008 SESSION

08-2682

03/05

SENATE BILL 387

AN ACT relative to forfeiture of recognizances.

SPONSORS: Sen. Barnes, Dist 17

COMMITTEE: Judiciary

ANALYSIS

This bill requires entry of judgment on a forfeiture of recognizance unless the forfeiture order is stricken or the recognizance satisfied within 90 days.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2682

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to forfeiture of recognizances.

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

1 New Section; Forfeiture of Recognizances and Actions Thereon; Automatic Entry of Judgment. Amend RSA 597 by inserting after section 33 the following new section:

597:33-a Automatic Entry of Judgment. If a declaration of forfeiture has not been stricken or satisfied within 90 days after the defendant’s failure to appear, the clerk shall enter the declaration of forfeiture as a judgment in favor of the entity that is entitled to receive the forfeiture and against the defendant and surety, if any, for the amount of the appearance bond, with interest from the date of forfeiture, less any amount that may have been deposited as collateral security.

2 Effective Date. This act shall take effect January 1, 2009.