SB299 (2019) Detail

Requiring good behavior as a condition for release without arrest or bail.


CHAPTER 66

SB 299-FN - FINAL VERSION

 

 

2019 SESSION

19-1106

04/08

 

SENATE BILL 299-FN

 

AN ACT requiring good behavior as a condition for release without arrest or bail.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Levesque, Dist 12

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill adds a good behavior requirement to the form of the summons issued in lieu of arrest and as a condition for release without arrest or bail.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1106

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT requiring good behavior as a condition for release without arrest or bail.

 

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

 

66:1  Arrests in Criminal Cases; Summons Instead of Arrest.  Amend RSA 594:14, I to read as follows:

I.  In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor or violation, he or she may instead issue to the person in hand a written summons in substantially the following form:

The State of New Hampshire

To .....................................................................................................................................

You are hereby notified to appear before the .................... circuit court of the State of New Hampshire, district division, to be holden in ...................... on the .......... day of .................... 20 ...... at .......... o'clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with .......... in violation of the laws of the State of New Hampshire.  If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible.  The court will appoint an attorney to represent you if your application shows that you are eligible.  If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.

Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.

Pending appearance as described herein, you shall remain of good behavior.

Dated at ........................................ ........................................

  Name

the........... day of .............. 20..... ........................................

Title

Upon failure to appear or to remain of good behavior, a warrant of arrest may issue.  Any person who fails to appear in answer to such summons shall be guilty of a misdemeanor.

66:2  Effective Date.  This act shall take effect January 1, 2020.

 

Approved: June 05, 2019

Effective Date: January 01, 2020

 

 

Links

SB299 at GenCourtMobile
SB299 Discussion

Action Dates

Date Body Type
Feb. 5, 2019 Senate Hearing
Feb. 21, 2019 Senate Floor Vote
April 23, 2019 House Hearing
April 24, 2019 House Exec Session
House Floor Vote
May 2, 2019 House Floor Vote

Bill Text Revisions

SB299 Revision: 6240 Date: Dec. 3, 2019, 9:47 a.m.
SB299 Revision: 5866 Date: May 6, 2019, 9:14 a.m.
SB299 Revision: 5288 Date: Jan. 29, 2019, 3:11 p.m.

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, 09:15 am; SC 9
Feb. 21, 2019 Committee Report: Ought to Pass, 02/21/2019; Vote 5-0; CC SC 11
Feb. 21, 2019 Ought to Pass: MA, VV; OT3rdg; 02/21/2019; SJ 6
March 20, 2019 Introduced 03/20/2019 and referred to Criminal Justice and Public Safety HJ 11 P. 71
April 23, 2019 Public Hearing: 04/23/2019 11:00 am LOB 204
April 24, 2019 Full Committee Work Session: 04/24/2019 10:00 am LOB 204
April 24, 2019 Executive Session: 04/24/2019 01:00 pm LOB 204
Committee Report: Ought to Pass (Vote 20-0; CC)
May 2, 2019 Committee Report: Ought to Pass for 05/02/2019 (Vote 20-0; CC) HC 22 P. 4
May 2, 2019 Ought to Pass: MA VV 05/02/2019 HJ 14 P. 3
May 8, 2019 Enrolled 05/08/2019 HJ 15 P. 101
May 15, 2019 Enrolled (In recess 05/15/2019); SJ 17
June 5, 2019 Signed by the Governor on 06/05/2019; Chapter 0066; Effective 01/01/2020