Bill Details - SB299 (2019)

SB 299-FN - AS INTRODUCED

 

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

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.

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

 

LBAO

19-1106

1/28/19

 

SB 299-FN- FISCAL NOTE

AS INTRODUCED

 

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

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] 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 Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

The Judicial Branch was originally contacted on December 31, 2018 for a fiscal note worksheet, which they have not provided as of January 28, 2019.

 

METHODOLOGY:

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

 

The Judicial Council indicates currently, if an indigent defendant is held on bail for a misdemeanor charge, counsel will be appointed to the case.  For these cases, a bail hearings is often the first court hearing held.  It is possible that law enforcement goes through the arrest process for low level misdemeanors only because there is no current mechanism for enforcing good behavior pursuant to a summons.  If this bill resulted in fewer incarcerations and bail hearings, it could reduce costs to the indigent defense system.  The Council states it is not possible to predict what these savings could be.  The Council indicates, while this bill would not reduce the number of cases to which the Public Defender is appointed, it will minimize the need for additional bail hearings and court appearances.  The Council does not anticipate any impact to contract attorney or assigned counsel costs.

 

The New Hampshire Association of Counties states requiring good behavior as a condition for releases without arrest or bail would mean no incarceration, which would likely reduce county operating expenditures related to incarceration.  The Association does not have information on the potential savings, but indicates county incarceration cost vary from $85 to $110 per day.

 

The New Hampshire Municipal Association indicates the changes to the summons form could result in a slight increase in municipal expenditures.  There would be no impact on municipal revenues.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, New Hampshire Association of Counties and New Hampshire Municipal Association

 

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

Action Dates

Date Body Type
Feb. 5, 2019 Senate Hearing
Feb. 21, 2019 Senate Floor Vote

Bill Text Revisions

SB299 Revision: 5288 Date: Jan. 29, 2019, 3:11 p.m.