Revision: Dec. 24, 2019, 9:48 a.m.
SB 551 - AS INTRODUCED
2020 SESSION
20-2845
04/10
SENATE BILL 551
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.