Revision: Jan. 29, 2019, 3:08 p.m.
SB 298-FN - AS INTRODUCED
2019 SESSION
19-1105
04/03
SENATE BILL 298-FN
AN ACT relative to summoning out-of-state witnesses in criminal cases.
SPONSORS: Sen. Hennessey, Dist 5
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill enacts a procedure to secure the attendance of a witness from the commonwealth of Massachusetts to testify in a criminal matter in this state.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-1105
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to summoning out-of-state witnesses in criminal cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Alternative Procedure to Compel the Attendance of a Witness to a Contiguous State. Amend RSA 613 by inserting after section 2 the following new section:
613:2-a Alternative Procedure to Compel the Attendance of a Witness to a Contiguous State. A justice of the peace, upon receipt of a certificate of the clerk of a court of record in any jurisdiction contiguous to the state of New Hampshire that a criminal prosecution is pending in such court, and that a resident of this state is supposed to be a material witness therein, shall issue a summons requiring such person to appear and testify at the court in which such case is pending.
2 New Section; Alternative Procedure to Secure the Attendance of a Witness from the Commonwealth of Massachusetts. Amend RSA 613 by inserting after section 3 the following new section:
613:3-a Alternative Procedure to Secure the Attendance of a Witness From the Commonwealth of Massachusetts.
I. In order to secure the attendance of a witness residing in the commonwealth of Massachusetts, the clerk of a court of record, upon application by the state or counsel for a defendant stating that a criminal prosecution is pending in such court and that a resident of the commonwealth of Massachusetts is supposed to be a material witness therein, shall issue a certificate so stating, to be presented to a justice of the peace of the commonwealth of Massachusetts in accordance with Massachusetts law.
II. If the witness is summoned to attend and testify in New Hampshire, he or she shall be tendered the sum of $.10 a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he or she is required to travel and attend as a witness.
3 Effective Date. This act shall take effect January 1, 2020.
19-1105
1/28/19
SB 298-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to summoning out-of-state witnesses in criminal cases.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Judicial Branch who was originally contacted on January 11, 2019, with follow up on January 24, 2019 for a fiscal note worksheet, which they have not provided as of January 28, 2019. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Judicial Branch