Revision: Dec. 19, 2019, 9:51 a.m.
SB 438 - AS INTRODUCED
2020 SESSION
20-2891
04/05
SENATE BILL 438
AN ACT establishing a commission to study the repeal of truth in sentencing.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Rep. McGuire, Merr. 29; Rep. Rodd, Merr. 6; Rep. Welch, Rock. 13
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a commission to study and evaluate the repeal of truth in sentencing laws.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2891
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT establishing a commission to study the repeal of truth in sentencing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Commission to Study the Repeal of Truth in Sentencing. Amend RSA 651 by inserting after section 70 the following new subdivision:
Commission to Study the Repeal of Truth in Sentencing
651:71 Commission to Study the Repeal of Truth in Sentencing.
I. There is established a commission to study and evaluate the repeal of truth in sentencing laws. The members of the commission shall be as follows:
(a) One member of the senate, who shall be from the judiciary committee, appointed by the president of the senate.
(b) Two members of the house of representatives, one of whom shall be from the criminal justice and public safety committee, appointed by the speaker of the house of representatives.
(c) One member representing the superior courts, appointed by the chief justice of the superior court.
(d) The commissioner of the department of corrections, or designee.
(e) One member who shall be a superintendent of county correctional facility, appointed by the speaker of the house of representatives.
(f) One member representing New Hampshire Legal Assistance, appointed by that organization.
(g) One member representing the New Hampshire Association of Criminal Defense Lawyers, appointed by that organization.
(h) One member representing Citizens for Criminal Justice Reform, appointed by that organization.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall study and evaluate the repeal of truth in sentencing laws in state statute, specifically in RSA 651:2. The commission may solicit the advice or testimony of any person or organization with information deemed relevant by the commission.
IV. The members of the study commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Five members of the commission shall constitute a quorum.
V. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2020.
2 Repeal. RSA 651:71, relative to a commission to study and evaluate the repeal of truth in sentencing laws, is repealed.
I. Section 2 of this act shall take effect November 1, 2020.
II. The remainder of this act shall take effect upon its passage.