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 after trial or after proceedings pursuant to District Court Rule 2.14 may 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 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 RSA 592-A:2-b is repealed and reenacted to read as follows: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.

A person convicted by a circuit court of a class A misdemeanor , 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 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.

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.

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 any offense where a sentence is imposed exceeding $20 after trial or after proceedings pursuant to Rule of Criminal Procedure 21(a) 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 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 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 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.