Bill Text - SB551 (2020)

Adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.


Revision: Dec. 24, 2019, 9:48 a.m.

SB 551  - AS INTRODUCED

 

 

2020 SESSION

20-2845

04/10

 

SENATE BILL 551

 

AN ACT adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

 

SPONSORS: Sen. Levesque, Dist 12; Rep. Welch, Rock. 13; Rep. Rodd, Merr. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill adds a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services. The bill also adds a provision for determining whether the court will order the release of a defendant pending trial.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2845

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

 

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

 

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 [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.

SB 551  - AS INTRODUCED

 

 

2020 SESSION

20-2845

04/10

 

SENATE BILL 551

 

AN ACT adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

 

SPONSORS: Sen. Levesque, Dist 12; Rep. Welch, Rock. 13; Rep. Rodd, Merr. 6

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill adds a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services. The bill also adds a provision for determining whether the court will order the release of a defendant pending trial.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

20-2845

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

 

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

 

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 [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.