Bill Text - HB1206 (2022)

Relative to the source of funding for appointment of counsel or other services for indigent persons.


Revision: May 23, 2022, 4:09 p.m.

CHAPTER 67

HB 1206-FN - FINAL VERSION

 

 

2022 SESSION

22-2108

04/08

 

HOUSE BILL 1206-FN

 

AN ACT relative to the source of funding for appointment of counsel or other services for indigent persons.

 

SPONSORS: Rep. Lynn, Rock. 7; Rep. Umberger, Carr. 2

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

The bill provides that payment of costs associated with retained legal counsel for indigent parties who are seeking post-conviction DNA testing will be funded by the judicial council.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2108

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to the source of funding for appointment of counsel or other services for indigent persons.

 

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

 

67:1  Post-Conviction DNA Testing of Biological Materials.  Amend RSA 651-D:2, I-a to read as follows:

I-a.  If the superior court determines that an indigent petitioner has met the requirements of paragraph I, it shall appoint counsel to represent such petitioner in any further proceedings under this section.  The cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.

67:2  Post-Conviction DNA Testing of Biological Materials.  Amend RSA 651-D:2, V to read as follows:

V.  The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court.  The cost of such testing paid by the state for any such indigent petitioner, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.

67:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: May 20, 2022

Effective Date: July 19, 2022