HB1384 (2020) Detail

Relative to the re-release of a person on bail.


HB 1384 - AS INTRODUCED

 

 

2020 SESSION

20-2056

04/05

 

HOUSE BILL 1384

 

AN ACT relative to the re-release of a person on bail.

 

SPONSORS: Rep. S. Beaudoin, Straf. 9; Rep. Massimilla, Graf. 1; Rep. Rung, Hills. 21; Sen. Gray, Dist 6

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill amends the provisions for the pretrial release of a defendant on his or her recognizance and allows the court to detain a person who has violated his or her 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2056

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the re-release of a person on bail.

 

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

 

1  Bail and Recognizances; Release of a Defendant Pending Trial.  Amend RSA 597:2, VI to read as follows:

VI.(a)  If a person is charged with violation of a protective order issued under RSA 173-B or RSA 633:3-a, the person shall be detained without bail pending arraignment pursuant to RSA 173-B:9, I(a).

(b)  If the state proves by clear and convincing evidence that the person charged has violated his or her bail, then there shall be a rebuttable presumption that the person shall not be released on bail pursuant to subparagraph I(a), but may only be released pursuant to subparagraph I(b) or (c), or held pursuant to paragraph IV.  

2  New Subparagraph; Bail and Recognizances; Release of Defendant Pending Trial.  Amend RSA 597:2, III by inserting after subparagraph (g) the following new subparagraph:

(h)  If the court does not find by clear and convincing evidence that preventive detention is justified, but finds by a preponderance of the evidence that the defendant's release would constitute a danger to himself, herself, or the general public and that the defendant is unlikely to appear for court, the court may impose cash or corporate surety bail as set forth in paragraph III.  

3  Bail Commissioners; Fees.  Amend RSA 597:20 to read as follows:

597:20 Fees.  The bail commissioners in such cases shall be entitled to a fee of $40 which shall be paid from the fines collected by the court.  However, clerks of court or members of their staffs who are bail commissioners shall be entitled to collect such fee only when called while not on active duty. In jurisdictions where the bail commissioner is a full-time salaried police officer, constable, sheriff, deputy sheriff, state police employee, or anyone else authorized to execute police powers, such person shall not receive the fee established in this section, but instead such amount shall be remitted to the town or city in which the district court is situated.

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

Links

HB1384 at GenCourtMobile
HB1384 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

HB1384 Revision: 7031 Date: Dec. 2, 2019, 3:39 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 20
Feb. 25, 2020 Public Hearing: 02/25/2020 10:30 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