HB 1713-FN - AS AMENDED BY THE HOUSE
28Mar2024... 1367h
2024 SESSION
24-3166
09/05
HOUSE BILL 1713-FN
AN ACT relative to a defendant's presence during certain criminal proceedings.
SPONSORS: Rep. Shurtleff, Merr. 15; Rep. Roy, Rock. 31
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill requires that a defendant who is charged with or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more be present at the return of the verdict and at sentencing after trial, subject to excusal for cause. The bill further permits a court to order the use of reasonable force in carrying out a transport order issued pursuant to this section of an incarcerated defendant who refuses to comply with that order. The bill further makes it a class A felony to knowingly violate this provision.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
28Mar2024... 1367h 24-3166
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to a defendant's presence during certain criminal proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Criminal Procedure in Superior Court; Appearance of Defendant. Amend RSA 592-B by inserting after section 9 the following new section:
592-B:10 Appearance of Defendant.
I. In any case where a defendant is charged with or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more, the defendant shall be required to be present at the return of the verdict and at sentencing after trial, unless excused by the court pursuant to paragraph II. The court shall inform the defendant of this requirement and the potential penalty prior to trial.
II. Upon motion by the defendant, the court may excuse the presence of the defendant required by paragraph I for good cause shown.
III. This section shall not be construed to prohibit the state to seek, or the court to allow, a proceeding to continue without the defendant's presence where the defendant was initially present at the proceeding and where the court deems that the defendant has waived his or her constitutional right to be present through voluntary absence or disruptive behavior.
IV. The court shall order the transport of any incarcerated defendant to the court for any proceeding where the defendant's presence is required by paragraph I. If an incarcerated defendant knowingly refuses to comply with an order issued under this paragraph, the court may, in its discretion, order the sheriff, sheriff's deputy, or any other law enforcement officer responsible for the transport of incarcerated individuals, to use reasonable force in carrying out the order.
2 New Section; Obstructing Governmental Operations; Failure to Appear at Trial or Sentencing. Amend RSA 642 by inserting after section 8 the following new section:
642:8-a Unexcused Failure to Appear at Trial or Sentencing.
I. A person is guilty of a class A felony if, having been charged or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more, the person knowingly:
(a) Fails to appear as required by RSA 592-B:10 and without being excused by the court.
(b) Refuses to comply with a transport order issued pursuant to RSA 592-B:10, IV.
II. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or complying and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he or she appear or comply, and that he or she appeared or complied as soon as such circumstances ceased to exist.
III. A term of imprisonment imposed pursuant to this section may be consecutive to the sentence of imprisonment for any other offense.
IV. A person shall not be subject to multiple sentences for a violation of both this section and RSA 642:8 arising out of the same failure to appear or comply.
V. Following a conviction for an offense under this section and consistent with RSA 651:2, the court may consider whether the person was convicted of the underlying offense that was punishable by life imprisonment or imprisonment of a maximum term of 15 years or more in determining what, if any, sentence to impose, in the interest of justice.
3 Effective Date. This act shall take effect upon its passage.
24-3166
Amended 4/1/24
HB 1713-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-1367h)
AN ACT relative to a defendant's presence during certain criminal proceedings.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
| ||||||
| ||||||
Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| March 27, 2024 | 2024-1360h |
| March 27, 2024 | 2024-1367h |
| Date | Body | Type |
|---|---|---|
| March 20, 2024 | House | Hearing |
| March 20, 2024 | House | Exec Session |
| March 20, 2024 | House | Floor Vote |
| April 16, 2024 | Senate | Hearing |
| May 16, 2024 | Senate | Floor Vote |
| May 15, 2024 | Senate | Floor Vote |
Oct. 24, 2024: Inexpedient to Legislate, Senate Rule 3-23, Adjournment 10/10/2024; SJ 18
May 16, 2024: Pending Motion Ought to Pass; 05/16/2024; SJ 13
May 16, 2024: Sen. Carson Moved Laid on Table, MA, VV; 05/16/2024; SJ 13
May 16, 2024: Special Order to 05/16/2024, Without Objection, MA; 05/15/2024 SJ 12
May 9, 2024: Committee Report: Ought to Pass, 05/16/2024, Vote 3-2; SC 19
April 10, 2024: Hearing: 04/16/2024, Room 100, SH, 01:15 pm; SC 15
April 2, 2024: Introduced 03/21/2024 and Referred to Judiciary; SJ 8
March 28, 2024: Ought to Pass with Amendment 2024-1367h: MA VV 03/28/2024 HJ 10 P. 104
March 28, 2024: FLAM # 2024-1367h (Reps. Harriott-Gathright, Roy): AA VV 03/28/2024 HJ 10 P. 103
March 28, 2024: Lay HB1713 on Table (Rep. Polozov): MF DV 112-256 03/28/2024 HJ 10 P. 103
March 26, 2024: Committee Report: Ought to Pass 03/20/2024 (Vote 15-0; RC) HC 12 P. 22
March 15, 2024: Executive Session: 03/20/2024 10:00 am LOB 202-204
March 15, 2024: Public Hearing: 03/20/2024 09:30 am LOB 202-204
March 15, 2024: ==CANCELLED== Executive Session: 03/20/2024 02:30 pm LOB 202-204
March 15, 2024: ==CANCELLED== Public Hearing: 03/20/2024 01:00 pm LOB 202-204
March 11, 2024: Late Drafting and Introduction Approved by House by the Necessary 2/3 MA 03/11/2024
March 11, 2024: Introduced 03/11/2024 and referred to Criminal Justice and Public Safety HJ 7 P. 109
March 11, 2024: Late Drafting and Introduction Approved by House by the Necessary 2/3 MA 03/11/2024
March 11, 2024: Introduced 03/11/2024 and referred to Criminal Justice and Public Safety