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