CHAPTER 86
SB 200-FN - FINAL VERSION
04/27/2017 1539EBA
2017 SESSION
17-0966
04/03
SENATE BILL 200-FN
AN ACT relative to incarceration for nonpayment of an assessment or nonperformance of community service.
SPONSORS: Sen. Feltes, Dist 15; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Rep. Rouillard, Hills. 6; Rep. Berch, Ches. 1; Rep. W. Pearson, Ches. 16
COMMITTEE: Judiciary
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This bill requires appointment of counsel for an indigent defendant in cases involving nonpayment of an assessment or nonperformance of community service.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/27/2017 1539EBA 17-0966
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to incarceration for nonpayment of an assessment or nonperformance of community service.
Be it Enacted by the Senate and House of Representatives in General Court convened:
86:1 New Section; Appointment of Counsel in Cases of Nonpayment or Nonperformance. Amend RSA 604-A by inserting after section 2-e the following new section:
604-A:2-f Appointment of Counsel for Nonpayment or Nonperformance.
I. No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing. Incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.
II. Prior to conducting an ability to pay or ability to perform final hearing, the court shall:
(a) Provide the defendant with a financial affidavit and direct the defendant to complete the affidavit;
(b) Inform the defendant that he or she may be immediately incarcerated if the court finds that he or she has willfully failed to comply with the court's prior order to pay an assessment or perform community service;
(c) Inform the defendant that he or she is entitled to counsel for the final hearing in which incarceration is a possible outcome and, if the defendant cannot afford one, the court will appoint one; and
(d) Explain the issues to be decided at the final hearing as well as the process provided.
III. The court shall appoint counsel to represent an indigent defendant at a final hearing on an ability to pay or perform held pursuant to this section if incarceration is a possible outcome of the final hearing.
IV. When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed counsel fees under RSA 604-A:9, I-b, if the court determines that the defendant is financially unable to repay.
86:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 02, 2017
Effective Date: August 01, 2017
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2017 | Senate | Hearing |
| Feb. 16, 2017 | Senate | Floor Vote |
| March 15, 2017 | House | Hearing |
| March 29, 2017 | House | Exec Session |
| April 20, 2017 | House | Floor Vote |
Aug. 1, 2017: Signed by the Governor on 06/02/2017; Chapter 0086; Effective 08/01/2017
April 27, 2017: Enrolled (In recess 04/27/2017); SJ 16
May 4, 2017: Enrolled 05/04/2017 HJ 15 P. 47
April 27, 2017: Enrolled Bill Amendment # 2017-1539e Adopted, VV, (In recess of 04/27/2017); SJ 16
April 20, 2017: Enrolled Bill Amendment # 2017-1539e: AA VV 04/20/2017 HJ 14 P. 25
April 20, 2017: Ought to Pass: MA VV 04/20/2017 HJ 14 P. 8
April 20, 2017: Committee Report: Ought to Pass for 04/20/2017 (Vote 17-0; CC) HC 20 P. 6
March 29, 2017: Executive Session: 03/29/2017 LOB 208
March 15, 2017: Public Hearing: 03/15/2017 01:30 PM LOB 208
Feb. 16, 2017: Introduced 02/16/2017 and referred to Judiciary HJ 8 P. 46
Feb. 16, 2017: Ought to Pass: MA, VV; OT3rdg; 02/16/2017; SJ 6
Feb. 16, 2017: Committee Report: Ought to Pass, 02/16/2017; Vote 5-0; CC; SC 10
Feb. 7, 2017: Hearing: 02/07/2017, Room 100, SH, 09:40 am; SC 9
Jan. 19, 2017: Introduced 01/19/2017 and Referred to Judiciary; SJ 5