Bill Details - SB129 (2019)

SB 129 - VERSION ADOPTED BY BOTH BODIES

 

 

2019 SESSION

19-0945

04/06

 

SENATE BILL 129

 

AN ACT relative to misdemeanor cases filed in superior court.

 

SPONSORS: Sen. Carson, Dist 14; Rep. Wall, Straf. 6; Rep. M. Smith, Straf. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill adds an exception to the presumption governing unclassified misdemeanors for a misdemeanor charge filed directly in superior 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0945

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to misdemeanor cases filed in superior court.

 

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

 

1  Classification of Crimes.  Amend RSA 625:9, IV(c) to read as follows:

(c)  Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor unless:

(1)  An element of the offense involves an "act of violence" or "threat of violence" as defined in paragraph VII; [or]

(2)  The state files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment.  Such notice shall be on a form approved in accordance with RSA 490:26-d; or

(3)  The misdemeanor charge is filed directly in superior court.

2  Effective Date.  This act shall take effect January 1, 2020.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Judiciary; SJ 4
March 12, 2019 Hearing: 03/12/2019, Room 100, SH, 09:45 am; SC 13
March 21, 2019 Committee Report: Ought to Pass, 03/21/2019; Vote 5-0; CC SC 14
March 21, 2019 Ought to Pass: MA, VV; OT3rdg; 03/21/2019; SJ 9
March 20, 2019 Introduced 03/20/2019 and referred to Criminal Justice and Public Safety HJ 11 P. 72
April 17, 2019 Public Hearing: 04/17/2019 01:30 pm LOB 204
April 18, 2019 Executive Session: 04/18/2019 01:00 pm LOB 204
Majority Committee Report: Ought to Pass (Vote 18-1; RC)
May 2, 2019 Majority Committee Report: Ought to Pass for 05/02/2019 (Vote 18-1; RC) HC 22 P. 8
Minority Committee Report: Inexpedient to Legislate
May 2, 2019 Ought to Pass: MA VV 05/02/2019
May 2, 2019 Ought to Pass: MA VV 05/02/2019 HJ 14 P. 11
May 8, 2019 Enrolled 05/08/2019 HJ 15 P. 101
May 15, 2019 Enrolled (In recess 05/15/2019); SJ 17

Action Dates

Date Body Type
March 12, 2019 Senate Hearing
March 21, 2019 Senate Floor Vote
April 17, 2019 House Hearing
April 18, 2019 House Exec Session
House Floor Vote
May 2, 2019 House Floor Vote

Bill Text Revisions

SB129 Revision: 5094 Date: Jan. 18, 2019, 3:02 p.m.
SB129 Revision: 5864 Date: May 6, 2019, 9:20 a.m.