HB1568 (2012) Detail

Relative to imposition of consecutive sentences.


HB 1568 – AS INTRODUCED

2012 SESSION

12-2768

04/03

HOUSE BILL 1568

AN ACT relative to imposition of consecutive sentences.

SPONSORS: Rep. Warden, Hills 7; Rep. Cohn, Merr 6; Rep. Welch, Rock 8

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill adds provisions for the calculation of concurrent and consecutive sentences.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2768

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to imposition of consecutive sentences.

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

1 New Paragraph; Sentences; Calculation of Periods. Amend RSA 651:3 by inserting after paragraph III the following new paragraph:

IV.(a) A sentence imposed by the court may be concurrent or consecutive to any other sentence which has been previously imposed or is simultaneously imposed upon the defendant. A sentence shall be deemed to be a concurrent sentence unless the court expressly provides for consecutive sentences. The court shall only impose consecutive sentences in accordance with this paragraph and shall state its reasons in writing for imposing consecutive sentences.

(b) When more than one sentence of imprisonment is imposed on a person for 2 or more offenses arising from the same act or through an act or omission which itself constitutes one of the offenses and was a material element of the other offense, the sentences shall be imposed concurrently.

(c) Not more than one sentence for an extended term of imprisonment shall be imposed consecutively. The aggregate maximum or minimum terms of consecutive sentences imposed simultaneously shall not exceed twice the maximum sentence authorized in RSA 651:2 for the most serious offense charged.

(d) For concurrent terms of imprisonment, the minimum term shall be satisfied by serving the longest minimum term imposed, and the maximum term shall be satisfied by serving the longest maximum term imposed. For consecutive terms of imprisonment, the minimum terms of each sentence shall be added to arrive at an aggregate minimum term and the maximum terms of each sentence shall be added to arrive at an aggregate maximum term.

(e) Upon the expiration of the minimum term of imprisonment being served upon the effective date of this paragraph, a defendant may request that consecutive sentences imposed prior to the effective date of this paragraph be aggregated.

2 Effective Date. This act shall take effect 60 days after its passage.

Links

HB1568 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1568 Revision: 21644 Date: Dec. 21, 2011, midnight

Docket