HB1395 (2018) Detail

Relative to the setting of cash bail.


HB 1395 - AS INTRODUCED

 

 

2018 SESSION

18-2079

04/03

 

HOUSE BILL 1395

 

AN ACT relative to the setting of cash bail.

 

SPONSORS: Rep. Stone, Rock. 1

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill provides that the court shall not set cash bail for an amount resulting in pretrial incarceration.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2079

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the setting of cash bail.

 

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

 

1  Bail and Recognizances; Release of a Defendant Pending Trial.  Amend RSA 597:2, II to read as follows:

II.  The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require[, unless the court determines].  The court shall order the prearraignment or pretrial release of the person, unless the court finds by a preponderance of the evidence that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community.  The court shall consider the financial resources of the person who is detained when setting cash bail and shall not set cash bail in an amount resulting in pretrial incarceration.  The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families.

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

Links

HB1395 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2018 House Hearing
Feb. 6, 2018 House Exec Session

Bill Text Revisions

HB1395 Revision: 2024 Date: Nov. 6, 2017, 8:40 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 9
Jan. 24, 2018 Public Hearing: 01/24/2018 11:20 AM LOB 204
Feb. 6, 2018 Executive Session: 02/06/2018 LOB 204
Committee Report: Refer for Interim Study (Vote 18-2; CC)
Feb. 22, 2018 Committee Report: Refer for Interim Study for 02/22/2018 (Vote 18-2; CC) HC 7 P. 6
Feb. 22, 2018 Refer for Interim Study: MA VV 02/22/2018 HJ 5 P. 6