Revision: March 27, 2024, 3:48 p.m.
Rep. Roy, Rock. 31
Rep. Harriott-Gathright, Hills. 10
March 27, 2024
2024-1367h
09/05
Floor Amendment to HB 1713-FN
Amend RSA 592-B:10, I as inserted by section 1 of the bill by replacing it with the following:
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.
Amend the bill by replacing section 2 with the following:
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.
2024-1367h
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.