Revision: May 3, 2022, noon
Rep. Harriott-Gathright, Hills. 36
May 3, 2022
2022-1928h
04/05
Floor Amendment to SB 294-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the appointment of magistrates and relative to amending the plea by mail and bail statutes.
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; Magistrates. Amend RSA by inserting after chapter 490-J the following new chapter:
CHAPTER 490-K
Magistrates
490-K:1 Appointment and qualifications. The chief justice of the supreme court, in consultation with the chief justice of the superior court and the administrative judge of the circuit court, shall appoint magistrates in such numbers as are necessary for the effective administration of justice, subject to appropriation by the legislature. All magistrates appointed shall possess a valid license to practice law in New Hampshire. Magistrates would serve at such locations as the chief justice of the supreme court may determine under this chapter. Magistrates shall be judicial branch employees.
490-K:2 Duties. At the discretion of the chief justice of the supreme court, in consultation with the chief justice of the superior court and the administrative judge of the circuit court, a magistrate may:
I. Fix the amount of bail on all days of the week and at all times of day.
II. Conduct arraignment hearings and issue decisions on arraignments.
III. Conduct bail hearings and issue decisions on bail and other decisions regarding release or detention of persons pending trial.
IV. Issue arrest warrants or other processes of arrest.
V. Issue search warrants.
VI. Administer oaths and affirmations.
VII. Perform such other acts or functions specifically authorized by the chief justice of the supreme court not inconsistent with the New Hampshire constitution or any state or federal laws.
490-K:3 Supervision.
I. The chief justice of the supreme court, in consultation with the chief justice of the superior court and the administrative judge of the circuit court, shall appoint a chief magistrate for the purpose of assisting in the training of magistrates and being responsible to the chief justice of the superior court and the administrative judge of the circuit court for the conduct of magistrates. The chief magistrate shall exercise direct daily supervision over the magistrates.
II. The chief magistrate, in consultation with the chief justice of the superior court and the administrative judge of the circuit court, shall develop an education program to ensure that magistrates have current information regarding the status of the laws affecting the powers and duties of magistrates.
490-K:4 Bail Payments.
I. If bail is being determined where the person seeking bail is physically present at a state courthouse, bail payments may be in the form of cash or non-cash electronic form as established by rule or order of the supreme court.
II. If bail is being determined where the person seeking bail is not physically present at a state courthouse, bail payments shall be accepted in any non-cash electronic form as established by rule or order of the supreme court.
2 Bail and Recognizances; Review and Appeal of Release or Detention Order. Amend RSA 597:6-e to read as follows:
597:6-e Review and Appeal of Release or Detention Order.
I. If a person is ordered released [by a bail commissioner] on bail, the person, or the state, shall be entitled to a hearing, if requested, on the conditions of bail before a justice within 48 hours, Sundays and holidays excepted.
II. Subject to RSA 597:2, X, the person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release [set by a municipal or district court, by a justice, or by a bail commissioner]. The motion shall be determined promptly. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint,[ affidavit] probable cause statement, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued [by a justice, or a bail commissioner]. In cases where [a district court justice] the court has made a finding, pursuant to RSA 597:2, IV that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges [in district court], and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the [district] court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.
III. The person, or the state pursuant to RSA 606:10, V, may appeal to the supreme court from a court's release or detention order, or from a decision denying revocation or amendment of such an order. The appeal shall be determined promptly.
3 District Courts; Plea by Mail. Amend RSA 502-A:19-b, III and III-a to read as follows:
III.(a) The commissioner of safety may notify, by electronic means, the administrative judge or the administrative judge's designee of all defendants who have failed to comply under RSA 502-A:19-b, II(a). The commissioner shall certify that the defendants are in default, have been notified, and have failed to respond. The court may, in its discretion, find the defendant administratively guilty. No such finding shall be vacated, except for good cause shown. If the court finds the defendant administratively guilty, the court shall issue an electronic civil bench warrant within 30 days. In addition, the court may issue an electronic warrant for the arrest of any defendant who:
(1) Is defaulted in accordance with the provisions of RSA 502-A:19-b, II;
(2) Fails to pay a fine or other penalty imposed or issues a bad check in payment of a fine or other penalty; or
(3) Fails to comply with a similar order of the director or a court on any matter within the director's or court's jurisdiction.
(b) For purposes of this section, civil bench warrants may be issued by the court in the jurisdiction in which the underlying offense occurred or by the administrative judge or any [district] circuit court justice designated by the administrative judge, in accordance with procedures set forth by the administrative judge. Bench warrants may be transmitted electronically.
(c) [A person arrested pursuant to this section shall be given the option to pay the outstanding fine and fees in full to a bail commissioner. Upon such payment, the matter shall be deemed closed, and the civil bench warrant vacated. All payments received by bail commissioners pursuant to this section shall be transmitted to the court or the division of motor vehicles within 5 business days. The bail commissioner shall be entitled to a fee for services as set forth in RSA 597:20.
(d)] Any person arrested pursuant to this section who is unable to pay all outstanding fines and fees prior to release shall be released on personal recognizance and ordered to appear before the [district] circuit court in the jurisdiction where the arrest or the underlying violation occurred at the next scheduled session of that court. Prior to release, the defendant shall provide the court with an accurate residential and mailing address and telephone number[ to a bail commissioner. The bail commissioner shall be entitled to a fee for services as set forth in RSA 597:20].
[(e)] (d) At any hearing held pursuant to subparagraph (d), the defendant shall complete under oath an affidavit of financial assets, which shall be reviewed by the court for determination of the defendant's ability to pay the fines and fees imposed. Upon a finding of the defendant's ability to pay, payment shall be ordered to be made no later than 30 days from the court date. The court may accept payment by credit card, cash, or check and may, if it deems necessary, garnish the defendant's wages, bank account, or other source of income. If the court finds the defendant is unable to pay the fine or any portion of it, the court may order community service or other alternative sentence.
[(f)] (e) Notwithstanding any other provision of law, state and local law enforcement officers shall have the power to arrest pursuant to civil bench warrants issued under this section.
[(g)] (f) Neither the state, nor any state agency or political subdivision of the state, nor any employee of the state or its political subdivision shall be subject to a claim for monetary damages for the arrest or detention of any person pursuant to this section, provided that the officer's action in arresting or detaining the person does not constitute gross negligence or willful misconduct.
III-a. Fines and fees owed pursuant to this section may be paid through the [bail commissioner or] court by credit card in accordance with procedures set forth by the [district] circuit court administrative judge, or through the division of motor vehicles by credit card in accordance with procedures established by the director of the division of motor vehicles.
4 Uniform Law on Intrastate Fresh Pursuit; Court Hearing. Amend RSA 614:8 to read as follows:
614:8 Court Hearing. If an arrest pursuant to RSA 614:7 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be admitted to bail, if the offense is bailable, by a magistrate [or bail commissioner] of either the jurisdiction where the offense was committed or where the prisoner was apprehended, by taking security by way of recognizance of the appearance of such prisoner before the court having jurisdiction of such criminal offense.
5 Defense and Indemnification of State Officers and Employees. Amend RSA 99-D:2 to read as follows:
99-D:2 Defense and Indemnification. If any claim is made or any civil action is commenced against a present or former officer, trustee, official, or employee of the state or any agency thereof, including members of the New Hampshire national guard and any justice of the district, municipal, probate, superior, or supreme court, or the clerks [or bail commissioners] thereof, or any harbor master appointed by the Pease development authority, division of ports and harbors, or officials and employees of the New Hampshire housing finance authority, or directors, officers, and employees of the Pease development authority, members and employees of the lakeshore redevelopment planning commission, or directors, officers, and employees of the land and community heritage investment authority seeking equitable relief or claiming damages for the negligent or wrongful acts and the officer, trustee, official, or employee requests the state to provide representation for him or her, and the attorney general, or, in the case of a claim or civil action commenced against the attorney general, the governor and council, determines that the acts complained of were committed by the officer, trustee, official, or employee while acting within the scope of official duty for the state and that such acts were not wanton or reckless, the attorney general shall represent and defend such person with respect to such claim or throughout such action, or shall retain outside counsel to represent or defend such person, and the state shall defray all costs of such representation or defense, to be paid from funds not otherwise appropriated. In such case the state shall also protect, indemnify, and hold harmless such person from any costs, damages, awards, judgments, or settlements arising from the claim or suit. The attorney general or governor and council shall not be required to consider the request of such person that representation be provided for him or her unless within 7 days of the time such person is served with any summons, complaint, process, notice, demand, or pleading the person shall deliver the original or a copy thereof to the attorney general or, in the case of an action against the attorney general, to the governor and council. As a condition to the continued representation by the attorney general and to the obligation of the state to indemnify and hold harmless, such officer, trustee, official, or employee shall cooperate with the attorney general in the defense of such claim or civil action. No property either real or personal of the state of New Hampshire shall be subject to attachment or execution to secure payment of or to satisfy any obligations of the state created under this chapter. Upon the entry of final judgment in any action brought under this chapter, the governor shall draw a warrant for said payment out of any money in the treasury not otherwise appropriated, and said sums are hereby appropriated. The attorney general shall have the authority to settle any claim brought under this chapter by compromise and the amount of any such settlement shall be paid as if the amount were awarded as a judgment under this chapter. Indemnification by the state under this section shall be for the actual amount of costs, damages, awards, judgments, or settlements personally incurred by any such officer, trustee, official, or employee, and the state shall not pay any amounts for which payment is the obligation of any insurance carrier or company under a policy or policies of insurance or any other third party under a similar obligation.
6 Repeal. The following are repealed:
I. RSA 597:2-b, relative to determination of indigence and payment of a bail commissioner fee.
II. The subdivision heading preceding RSA 597:15, relative to bail commissioners.
III. RSA 597:15, relative to bail commissioners appointed by the superior court.
IV. RSA 597:15-a, relative to bail commissioners appointed by the circuit court.
V. RSA 597:17, relative to the terms and identification cards for bail commissioners.
VI. RSA 597:18, relative to the powers of a bail commissioner.
VII. RSA 597:18-a, relative to the educational requirements for bail commissioners.
VIII. RSA 597:19, relative to return of recognizances by bail commissioners.
IX. RSA 597:20, relative to a bail commissioner's fees.
X. RSA 597:21, relative to bail on Sunday.
7 Effective Date. This act shall take effect 60 days after its passage.
2022-1928h
AMENDED ANALYSIS
This bill authorizes the superior court and circuit court to appoint magistrates and repeals the powers, duties, and authority of bail commissioners.