SB551 (2020) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Subparagraph; Commission on Pretrial Detention, Pretrial Scheduling, and Pretrial Services. Amend RSA 597:43, I by inserting after subparagraph (l) the following new subparagraph:

(m) A bail commissioner, appointed by the governor.

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

(g) If the court determines by a preponderance of the evidence that a person has failed to appear on any previous matter charged as a felony, class A misdemeanor, or driving or operating while impaired, or a reasonably equivalent offense in an out-of-state jurisdiction, 3 or more times within the past 5 years, there shall be a rebuttable presumption that release will not reasonably assure the appearance of the person as required.

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

Changed Version

Text to be added highlighted in green.

1 New Subparagraph; Commission on Pretrial Detention, Pretrial Scheduling, and Pretrial Services. Amend RSA 597:43, I by inserting after subparagraph (l) the following new subparagraph:

(m) A bail commissioner, appointed by the governor.

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

(g) If the court determines by a preponderance of the evidence that a person has failed to appear without a reasonable explanation on any matter charged as a felony, class A misdemeanor, or driving or operating while impaired, or a reasonably equivalent offense in an out-of-state jurisdiction, 3 or more times within the past 5 years, there shall be a rebuttable presumption that release will not reasonably assure the appearance of the person as required.

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