SB232 (2017) Detail

Relative to the issuance of a summons instead of arrest.


SB 232-FN-LOCAL - AS INTRODUCED

 

 

2017 SESSION

17-0919

09/04

 

SENATE BILL 232-FN-LOCAL

 

AN ACT relative to the issuance of a summons instead of arrest.

 

SPONSORS: Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Innis, Dist 24; Rep. Welch, Rock. 13

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill states that a warrant of arrest may be issued for failure to remain of good behavior in a case where a peace officer has issued a summons instead of an arrest warrant.

 

This bill was requested by the supreme court.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0919

09/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the issuance of a summons instead of arrest.

 

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

 

1  Summons Instead of Arrest.  Amend RSA 594:14, I to read as follows:

I.  In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor or violation, he or she may instead issue to the person in hand a written summons in substantially the following form:

The State of New Hampshire

To ...........................................................................

You are hereby notified to appear before the .................... circuit court of the State of New Hampshire, district division, to be holden in ...................... on the .......... day of .................... 20 ...... at .......... o'clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with .......... in violation of the laws of the State of New Hampshire.  If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible.  The court will appoint an attorney to represent you if your application shows that you are eligible. If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.

Pending appearance as described above, you shall remain of good behavior.

Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.

Dated at ........................................ ............................................................

Name

the........... day of .............. 20..... .............................................................

Title

Upon failure to appear or to remain of good behavior, a warrant of arrest may issue. Any person who fails to appear in answer to such summons shall be guilty of a misdemeanor.

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0919

1/31/17

 

SB 232-FN-LOCAL- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the issuance of a summons instead of arrest.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch who was originally contacted on December 30, 2016, with followup contacts on January 18, 2017 and January 27, 2017 for a fiscal note worksheet, which has not been received as of January 31, 2017.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Judicial Branch

 

Links

SB232 at GenCourtMobile

Action Dates

Date Body Type
Feb. 14, 2017 Senate Hearing
March 16, 2017 Senate Floor Vote
March 23, 2017 Senate Floor Vote
April 18, 2017 House Hearing
April 25, 2017 House Exec Session
May 4, 2017 House Floor Vote

Bill Text Revisions

SB232 Revision: 1275 Date: Feb. 17, 2017, 9:22 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Judiciary; SJ 5
Feb. 14, 2017 Hearing: 02/14/2017, Room 100, SH, 09:40 am; SC 10
March 16, 2017 Committee Report: Ought to Pass, 03/16/2017; Vote 5-0; CC; SC 14
March 16, 2017 Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 03/16/2017; SJ 9
March 23, 2017 Committee Report: Ought to Pass, 03/23/2017; SC 15
March 23, 2017 Ought to Pass: MA, VV; OT3rdg; 03/23/2017; SJ 10
March 23, 2017 Introduced 03/23/2017 and referred to Judiciary HJ 11 P. 26
April 18, 2017 Public Hearing: 04/18/2017 11:00 AM LOB 208
April 25, 2017 Executive Session: 04/25/2017 10:00 AM LOB 208
May 4, 2017 Committee Report: Inexpedient to Legislate for 05/04/2017 (Vote 14-2; RC) HC 22 P. 9
May 4, 2017 Lay SB 232 on Table (Rep. Janvrin): MA VV 05/04/2017 HJ 15 P. 35
Died on Table