CHAPTER 35
SB 68 - FINAL VERSION
2017 SESSION
17-0768
04/03
SENATE BILL 68
AN ACT relative to sentencing for violations of probation.
SPONSORS: Sen. D'Allesandro, Dist 20; Rep. Welch, Rock. 13; Rep. Cushing, Rock. 21
COMMITTEE: Judiciary
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This bill amends the sentencing and limitations statute to provide the court with additional options for sentencing a probationer who violates his or her probation.
This bill is a request of the department of corrections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0768
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to sentencing for violations of probation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
35:1 Sentences and Limitations. Amend RSA 651:2, V(a) to read as follows:
(a) A person may be placed on probation if the court finds that such person is in need of the supervision and guidance that the probation service can provide under such conditions as the court may impose. The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor, provided that the court may extend or modify the period of probation in accordance with subparagraph VII(a). Upon petition of the probation officer or the probationer, the period may be terminated sooner by the court if the conduct of the probationer warrants it.
35:2 Sentences and Limitations. Amend RSA 651:2, VII to read as follows:
VII.(a) If a probationer violates his or her probation, the court may order any of the following:
(1) Continue the sentence of probation.
(2) Modify the conditions of the probation.
(3) Extend the period of probation, provided the probationer agrees to the extension and the original period of probation plus any extension shall not exceed the probation periods authorized in paragraph V.
(4) Revoke the sentence of probation.
(b) When a sentence of probation or a conditional discharge is revoked, the [defendant] probationer may be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional discharge. Otherwise, the [defendant] probationer shall be sentenced to imprisonment as authorized by paragraph II.
35:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 09, 2017
Effective Date: July 08, 2017
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2017 | Senate | Hearing |
| Feb. 16, 2017 | Senate | Floor Vote |
| March 15, 2017 | House | Hearing |
| March 22, 2017 | House | Exec Session |
| April 20, 2017 | House | Floor Vote |
July 8, 2017: Signed by the Governor on 05/09/2017; Chapter 0035; Effective 07/08/2017
April 27, 2017: Enrolled (In recess 04/27/2017); SJ 16
April 20, 2017: Enrolled 04/20/2017 HJ 14 P. 26
April 20, 2017: Ought to Pass: MA VV 04/20/2017 HJ 14 P. 3
April 20, 2017: Committee Report: Ought to Pass for 04/20/2017 (Vote 20-0; CC) HC 20 P. 4
March 22, 2017: Executive Session: 03/22/2017 01:00 PM LOB 204
March 15, 2017: Public Hearing: 03/15/2017 01:00 PM LOB 204
Feb. 16, 2017: Introduced 02/16/2017 and referred to Criminal Justice and Public Safety HJ 8 P. 45
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
Jan. 24, 2017: Hearing: 01/24/2017, Room 100, SH, 10:00 am; SC 7
Jan. 5, 2017: Introduced 01/05/2017 and Referred to Judiciary; SJ 4