Revision: May 19, 2022, 4:09 p.m.
May 19, 2022
2022-2089-CofC
04/10
Committee of Conference Report on HB 1476-FN, relative to persons arrested while out on bail.
Recommendation:
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend the bill by replacing all after section 1 with the following:
2 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, VIII to read as follows:
VIII.(a) A person charged with an offense who is, or was at the time the offense was committed, on release pending trial for a felony or misdemeanor under federal or state law, release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under federal or state law; or probation or parole for any offense under federal or state law, except as provided in RSA 597:1-d, III[, may]; or a person charged with a class B misdemeanor who has been 2 times previously charged with a misdemeanor or felony shall be detained for a period of not more than [72] 24 hours [from the time of his or her arrest, excluding Saturdays, Sundays and holidays. The law enforcement agency making the arrest shall notify the appropriate court, probation or parole official, or federal, state, or local law enforcement official. Upon such notice, the court shall direct the clerk to notify by telephone the department of corrections, division of field services, of the pending bail hearing. If the department fails or declines to take the person into custody during that period, the person shall be treated in accordance with the provisions of law governing release pending trial. Probationers and parolees who are arrested and fail to advise their supervisory probation officer or parole officer in accordance with the conditions of probations and parole may be subject to arrest and detention as probation and parole violators.] after the arrest, Saturdays, Sundays, and legal holidays excluded, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person's attorney is unable to attend an arraignment on the same day, Saturday, Sunday, and legal holidays excluded.
3 Effective Date. This act shall take effect January 1, 2023.
The signatures below attest to the authenticity of this Report on HB 1476-FN, relative to persons arrested while out on bail.
Conferees on the Part of the Senate Conferees on the Part of the House
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Sen. Bradley, Dist. 3 Rep. Abbas, Rock. 8
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Sen. Gannon, Dist. 23 Rep. Berry, Hills. 44
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Sen. Soucy, Dist. 18 Rep. Roy, Rock. 32
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Rep. Rhodes, Ches. 15
2022-2089-CofC
This bill lists certain offenses which, if committed by the defendant, create a presumption that a defendant is a danger to the public and shall be detained for not more than 36 hours. The bill also provides that a person who commits certain offenses while on bail shall be detained for not more than 24 hours.