Revision: Dec. 3, 2019, 9:47 a.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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