HB 1404-FN - AS INTRODUCED
2024 SESSION
24-2679
09/10
HOUSE BILL 1404-FN
AN ACT relative to criminal procedure and the right to a jury trial.
SPONSORS: Rep. Gerhard, Merr. 25
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill provides a right for a jury trial in any criminal offense or for a violation where there is a fine of $20 or more. This bill further provides new processes for appeals of circuit court verdicts to the superior court for jury trials. This bill also requires courts to allow criminal defendants to present any evidence to their proffered defense.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2679
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to criminal procedure and the right to a jury trial.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Courts; Jurisdiction. Amend RSA 502-A:12 to read as follows:
502-A:12 Appeals From Sentence.
I. A person sentenced by a district court for [a class A misdemeanor] any offense where a sentence is imposed exceeding $20 after trial or after proceedings pursuant to [District Court Rule 2.14] Rule of Criminal Procedure 21(a) [may] shall be afforded the right to appeal therefrom to the superior court for a jury trial as provided in RSA 599, except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a.
II. A person sentenced by a circuit court for [a class A misdemeanor] any offense covered by paragraph I may, if no appeal for a jury trial in superior court is taken, appeal therefrom to the supreme court at the time the sentence is declared or within 30 days after the sentence is declared. The supreme court's review shall be limited to questions of law.
2 Proceedings in Criminal Cases; Jurisdiction and Procedure Generally; Jury Trial. RSA 592-A:2-b is repealed and reenacted to read as follows:
592-A:2-b Jury Trial. Trial by jury shall be afforded in the superior court for any criminal offense or any violation with a potential penalty that exceeds $20.
3 Proceedings in Criminal Cases; Appeals from Convictions in Circuit Court; Appeals. Amend RSA 599:1 to read as follows:
599:1 Appeals.
I. A person convicted by a circuit court of [a class A misdemeanor] any criminal offense or any violation level offense that exceeds a penalty of $20, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all [misdemeanor] such cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.
II. In any appeal taken pursuant to this section, there shall be an administrative filing fee set by the court, not to exceed $500. This fee shall be waived if the defendant is exonerated with a finding other than guilty.
III. If a defendant is exonerated with a finding other than guilty, the state shall pay the defendant $5,000 or cover any and all attorney's fees involved.
4 New Paragraph; Criminal Code; General Principles; Defenses; Affirmative Defenses and Presumptions. Amend RSA 626:7 by inserting after paragraph II the following new paragraph:
III. Notwithstanding any other provision in this chapter, any and all courts shall accept the introduction by the defendant of any evidence relevant to his or her proffered defense, even if such defense is not explicitly recognized by law, and particularly any defense purported by the defendant to be regarding a violation of the New Hampshire constitution. A defendant shall also be entitled to produce all proofs that may be favorable to himself or herself that the defendant believes to be relevant to attempt to persuade the jury to exercise its right of nullification.
5 Effective Date. This act shall take effect January 1, 2025.
24-2679
11/27/23
HB 1404-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to criminal procedure and the right to a jury trial.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Revenue Fund(s) | General Fund
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill provides a right for a jury trial in any criminal offense or for a violation where there is a
fine of $20 or more, provides new processes for appeals of circuit court verdicts to the superior court for jury trials, and requires courts to allow criminal defendants to present any evidence to their proffered defense.
The Judicial Branch indicates it is not possible to estimate how this change in law would impact the number of filings in the courts. Because the bill would expand the instances in which a jury trial may occur, it is expected that criminal litigation costs would increase. Common costs for criminal cases include the following:
Average Costs | FY 2024 | FY 2025 |
Superior Court Complex Criminal Case | $3,568 | $3,639 |
Superior Court Routine Criminal Case | $723 | $737 |
The Branch states that on average, about 6,000 charges are disposed of annually as Class B misdemeanor convictions, and 28,000 as violations, in Circuit Court. The fine amounts are not tracked, but the Branch does not expect this bill would generate significant revenue.
AGENCIES CONTACTED:
Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2024 | House | Hearing |
| Jan. 19, 2024 | House | Exec Session |
| Jan. 19, 2024 | House | Floor Vote |
Feb. 1, 2024: Inexpedient to Legislate: MA VV 02/01/2024 HJ 3 P. 4
Jan. 24, 2024: Committee Report: Inexpedient to Legislate 01/19/2024 (Vote 20-0; CC) HC 4 P. 4
Jan. 11, 2024: Executive Session: 01/19/2024 02:00 pm LOB 202-204
Jan. 5, 2024: Public Hearing: 01/11/2024 10:00 am LOB 202-204
Dec. 6, 2023: Introduced 01/03/2024 and referred to Criminal Justice and Public Safety HJ 1