HB1343 (2020) Detail

Relative to the pre-arraignment or pretrial release of a defendant.


HB 1343 - AS INTRODUCED

 

 

2020 SESSION

20-2528

04/01

 

HOUSE BILL 1343

 

AN ACT relative to the pre-arraignment or pretrial release of a defendant.

 

SPONSORS: Rep. Shaw, Hills. 16; Rep. Gagne, Hills. 13

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill places conditions on the pre-arraignment or pretrial personal recognizance release of a defendant.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2528

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the pre-arraignment or pretrial release of a defendant.

 

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

 

1  Release of a Defendant Pending Trial.  Amend RSA 597:2, III(a) to read as follows:

III.(a)(1)  The court shall order the pre-arraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, or cash or corporate surety bail, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require unless the court determines by a preponderance of the evidence that such release will not reasonably assure the appearance of the person as required.  A person who the court determines to be a danger to the safety of that person or the public shall be governed by the provisions of paragraph IV, except that evidence of substance misuse or homelessness may be considered by the court, but such evidence shall not be the sole basis of a dangerous determination.

(2)  The court shall not order the pre-arraignment or pretrial release of a defendant under subparagraph (a)(1) if the defendant:

(A)  Has an outstanding warrant for failure to appear on a previous charge;

(B)  Has an outstanding warrant charging the defendant with a felony offense; or

(C)  Has been charged with possession or possession with intent to distribute a Schedule I substance, except for personal possession of marijuana authorized under RSA 318-B:2-c.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB1343 at GenCourtMobile
HB1343 Discussion

Action Dates

Date Body Type
Feb. 25, 2020 House Hearing
March 3, 2020 House Exec Session
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1343 Revision: 6974 Date: Dec. 2, 2019, 2:50 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 18
Feb. 25, 2020 Public Hearing: 02/25/2020 10:00 am LOB 204
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 204
March 4, 2020 ==CONTINUED== Executive Session: 03/04/2020 10:00 am LOB 204 (if necessary)
Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
March 11, 2020 Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 19-0; CC) HC 10 P. 9
March 11, 2020 Inexpedient to Legislate: MA VV 03/11/2020