Bill Details - SB297 (2019)

SB 297-FN - VERSION ADOPTED BY BOTH BODIES

 

03/07/2019   0612s

2019 SESSION

19-0965

04/01

 

SENATE BILL 297-FN

 

AN ACT extending the deadline for arraignments.

 

SPONSORS: Sen. French, Dist 7

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill extends the deadline within which arraignments must occur.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2019   0612s 19-0965

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT extending the deadline for arraignments.

 

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

 

1  Release or Detention; Place and Time of Detention.  Amend RSA 594:20-a, I to read as follows:

I.  When a person is arrested with or without a warrant he or she may be committed to a county correctional facility, to a police station or other place provided for the detention of offenders, or otherwise detained in custody[; provided, however, that he or she]. The person shall be taken to appear before a circuit court, or a superior court in the case of felony complaints and misdemeanors and violation level charges that are directly related to those felonies, without unreasonable delay, [but not exceeding 24 hours,] to answer for the offense.  All persons shall appear no later than 24 hours after arrest, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person's attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted[, to answer for the offense].

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

 

LBAO

19-0965

Amended 3/15/19

 

SB 297-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-0612s)

 

AN ACT extending the deadline for arraignments.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill extends the deadline within which arraignments must occur.  The Judicial Council indicates this bill, as amended, would have no impact on indigent defense expenditures.

 

The New Hampshire Association of Counties assumes extending the amount of time a prisoner could be held awaiting their court appearance would increase county expenditures for incarceration.

 

There would be no significant impact to the Judicial Branch as the bill would not change the number of cases or the charges in those cases.

 

AGENCIES CONTACTED:

Judicial Council, Judicial Branch and New Hampshire Association of Counties

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Judiciary; SJ 4
Feb. 5, 2019 Hearing: 02/05/2019, Room 100, SH, 09:30 am; SC 9
March 7, 2019 Committee Report: Ought to Pass with Amendment # 2019-0612s, 03/07/2019; SC 12
March 7, 2019 Committee Amendment # 2019-0612s, AA, VV; 03/07/2019; SJ 7
March 7, 2019 Ought to Pass with Amendment 2019-0612s, MA, VV; OT3rdg; 03/07/2019; SJ 7
March 20, 2019 Introduced 03/20/2019 and referred to Criminal Justice and Public Safety HJ 11 P. 71
April 17, 2019 Public Hearing: 04/17/2019 02:30 pm LOB 204
April 18, 2019 ==RECESSED== Executive Session: 04/18/2019 01:00 pm LOB 204
April 24, 2019 ==CONTINUED== Executive Session: 04/24/2019 01:00 pm LOB 204
May 8, 2019 Committee Report: Ought to Pass for 05/08/2019 (Vote 15-5; RC) HC 23 P. 14
Committee Report: Ought to Pass (Vote 15-5; RC)
May 8, 2019 Ought to Pass: MA VV 05/08/2019

Action Dates

Date Body Type
Feb. 5, 2019 Senate Hearing
March 7, 2019 Senate Floor Vote
April 17, 2019 House Hearing
April 18, 2019 House Exec Session
April 24, 2019 House Exec Session
House Floor Vote
May 8, 2019 House Floor Vote

Bill Text Revisions

SB297 Revision: 5286 Date: Feb. 15, 2019, 5:40 p.m.
SB297 Revision: 5489 Date: March 21, 2019, 10:59 a.m.
SB297 Revision: 5919 Date: May 9, 2019, 4:04 p.m.