SB487 (2008) Detail

Clarifying the law regarding bail pending appeal.


CHAPTER 200

SB 487 – FINAL VERSION

07May2008… 1331h

2008 SESSION

08-2829

09/03

SENATE BILL 487

AN ACT clarifying the law regarding bail pending appeal.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill clarifies the law regarding bail pending appeal.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07May2008… 1331h

08-2829

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT clarifying the law regarding bail pending appeal.

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

200:1 Bail and Recognizances; Release or Detention of Defendant Pending Sentence or Appeal. RSA 597:1-a, III is repealed and reenacted to read as follows:

III.(a) The court shall order that a person found guilty of a felony and sentenced to a term of imprisonment and who has made a good faith representation that he or she shall file a timely appeal be detained, unless the person establishes and the court finds:

(1) By clear and convincing evidence, taking into consideration the nature of the crime and the length of the sentence imposed, that the person is not likely to fail to appear to answer the judgment following the conclusion of the appellate proceeding, or to pose a danger to himself or herself or to any other person or the community, or to intimidate witnesses, or otherwise to interfere with the administration of justice; and

(2) By a preponderance of the evidence that the appeal will not likely be frivolous or taken merely for delay.

(b) Upon making the findings specified in subparagraph (a), the court shall order the release of the person in accordance with the provisions of RSA 597:2.

200:2 Effective Date. This act shall take effect upon its passage.

Approved: June 11, 2008

Effective Date: June 11, 2008

Links

SB487 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB487 Revision: 12292 Date: Jan. 1, 2008, midnight

Docket