Bill Text - HB1300 (2018)

Relative to probable cause supported by a sealed affidavit.


Revision: Nov. 7, 2017, 8:08 a.m.

HB 1300 - AS INTRODUCED

 

 

2018 SESSION

18-2179

04/01

 

HOUSE BILL 1300

 

AN ACT relative to probable cause supported by a sealed affidavit.

 

SPONSORS: Rep. Horn, Merr. 2; Rep. Kenison, Merr. 15; Rep. Ebel, Merr. 5

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill amends the procedure for a probable cause hearing which is supported by a sealed affidavit.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2179

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to probable cause supported by a sealed affidavit.

 

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

 

1  Probable Cause.  Amend RSA 592-B:7, III to read as follows:

III.  If an arrest is supported by an affidavit that was filed under seal, and the affidavit remains under seal at the time of the request for a probable cause hearing, a hearing shall be scheduled unless the state agrees that the defendant may be provided with a copy of the affidavit.  The court may issue an order prohibiting the defendant from dissemination of the affidavit until the seal is lifted.

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

HB 1300 - AS INTRODUCED

 

 

2018 SESSION

18-2179

04/01

 

HOUSE BILL 1300

 

AN ACT relative to probable cause supported by a sealed affidavit.

 

SPONSORS: Rep. Horn, Merr. 2; Rep. Kenison, Merr. 15; Rep. Ebel, Merr. 5

 

COMMITTEE: Criminal Justice and Public Safety

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill amends the procedure for a probable cause hearing which is supported by a sealed affidavit.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

18-2179

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to probable cause supported by a sealed affidavit.

 

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

 

1  Probable Cause.  Amend RSA 592-B:7, III to read as follows:

III.  If an arrest is supported by an affidavit that was filed under seal, and the affidavit remains under seal at the time of the request for a probable cause hearing, a hearing shall be scheduled unless the state agrees that the defendant may be provided with a copy of the affidavit.  The court may issue an order prohibiting the defendant from dissemination of the affidavit until the seal is lifted.

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