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.

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.