Revision: March 11, 2024, 4:07 p.m.
HB 1713-FN - AS INTRODUCED
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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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 every trial stage and at sentencing, 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 every trial stage, including jury selection and impanelment and the return of the verdict, and at sentencing, unless excused by the court pursuant to paragraph II.
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 shall 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.
3 Effective Date. This act shall take effect upon its passage.
24-3166
Redraft 3/8/24
HB 1713-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to a defendant's presence during certain criminal proceedings.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council and New Hampshire Association of Counties