CHAPTER 74
HB 648-FN – FINAL VERSION
11Mar2015… 0616h
2015 SESSION
15-0480
09/01
HOUSE BILL 648-FN
AN ACT requiring detention until arraignment for persons arrested for violation of protective orders.
SPONSORS: Rep. D. Sullivan, Hills 42; Rep. P. Long, Hills 10
COMMITTEE: Criminal Justice and Public Safety
AMENDED ANALYSIS
This bill requires detention until arraignment for persons arrested for violation of a domestic violence or stalking protective order.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0616h
15-0480
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT requiring detention until arraignment for persons arrested for violation of protective orders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
74:1 Release of Defendant Pending Trial. Amend the introductory paragraph of RSA 597:2, I to read as follows:
I. Except as provided in paragraph III-c, upon the appearance before the court or justice of a person charged with an offense, the court or justice shall issue an order that, pending arraignment or trial, the person be:
74:2 Release of Defendant Pending Trial. Amend the introductory paragraph of RSA 597:2, III-a to read as follows:
III-a. If a person is charged with any of the offenses listed in RSA 173-B:1, I or charged with violation of a protective order issued under RSA 458:16, III or after arraignment for violation of a protective order under RSA 173-B, the court or justice may order preventive detention without bail, or, in the alternative, restrictive conditions including but not limited to electronic monitoring and supervision, if there is clear and convincing evidence that the person poses a danger to another. The court or justice may consider, but shall not be limited to considering, any of the following conduct as evidence of posing a danger:
74:3 New Paragraph; No Release of Defendant Pending Trial for Violations of Domestic Violence or Stalking Protective Orders. Amend RSA 597:2 by inserting after paragraph III-b the following new paragraph:
III-c. If a person is charged with violation of a protective order under RSA 173-B or RSA?633:3-a, the person shall be detained without bail pending arraignment pursuant to RSA?173-B:9, I(a).
74:4 Effective Date. This act shall take effect January 1, 2016.
Approved: June 2, 2015
Effective Date: January 1, 2016