Revision: Oct. 16, 2023, 10:38 a.m.
2024 SESSION
24-2679.0
09/10
HOUSE BILL [bill number]
AN ACT relative to criminal procedure.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill expands those entitled to a de novo superior court jury trial to anyone convicted of a class B misdemeanor or violation where a fine of $20 or more is imposed. 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2679.0
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to criminal procedure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Courts; Jurisdiction. Amend RSA 502-A:12, I to read as follows:
502-A:12 Appeals From Sentence.
I. A person sentenced by a district court for a class A misdemeanor, or a class B misdemeanor or violation where a fine of $20 or more is imposed, after trial or after proceedings pursuant to [District Court Rule 2.14] Rule of Criminal Procedure 21(a) 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].
2 Proceedings in Criminal Cases; Jurisdiction and Procedure Generally; Jury Trial. Amend RSA 592-A:2-b to read as follows:
592-A:2-b Jury Trial. Trial by jury shall not be afforded in the superior court for any violation as defined in RSA 625:9, except upon being subject to the imposition of a civil penalty which aggregates the total fines and penalties for a violation to an amount in excess of [$1,500] $20, in which case an appeal may be taken in the same manner as is provided [for class A misdemeanor convictions] under RSA 599:1.
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, or a class B misdemeanor or violation where a fine of $20 or more is imposed, 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.
II. In any appeal taken pursuant to this section for a violation or a class B misdemeanor that results in the same verdict as was rendered by the circuit court, the defendant shall be liable to the state for the costs of the jury trial, and such costs may be imposed as part of the sentence.
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, no court shall prohibit 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. A defendant shall be entitled to offer evidence relevant to a defendant's attempt to persuade the jury to exercise its right of nullification.
5 Effective Date. This act shall take effect January 1, 2025.