SB313 (2024) Detail

Relative to the delivery of the mittimus in a criminal case.


SB 313 - VERSION ADOPTED BY BOTH BODIES

 

 

2024 SESSION

24-2925

09/05

 

SENATE BILL 313

 

AN ACT relative to the delivery of the mittimus in a criminal case.

 

SPONSORS: Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Gannon, Dist 23; Sen. Birdsell, Dist 19; Sen. Innis, Dist 7; Sen. Gendreau, Dist 1; Sen. Murphy, Dist 16; Sen. Carson, Dist 14; Sen. Chandley, Dist 11

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill amends the mechanisms for the delivery of a mittimus in a criminal case.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2925

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to the delivery of the mittimus in a criminal case.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  The State Prisons; General Provisions; Committals.  Amend RSA 622:8 to read as follows:

622:8  Committals. Whenever any [convict] person shall be sentenced to confinement to the state department of corrections by the court, [at hard labor] the court shall order the sheriff of the county to remove [him] the person and to provide safe and secure transport [to the state prisons and deliver him] to the state department of corrections’ custody at the appropriate receiving facility managed under the authority of the commissioner of corrections.

2  The State Prisons; General Provisions; Mittimus; Return.  Amend RSA 622:9 to read as follows:

622:9 Mittimus; Return. The clerk of the court shall deliver a copy of the conviction, judgment and order, either electronically or in hand, issued pursuant to RSA 622:8 [to the sheriff, who shall deliver the same, with a copy of his return indorsed thereon,] to the commissioner of corrections or designee and to the arresting municipality[, and shall make due return to the court of the service of the order, upon an attested copy thereof].  The department of corrections shall examine the order to ensure its authenticity and to confirm, before placing a person in the state department of corrections' custody, that the order provides due authority to the department of corrections to confine said person.

3  Effective Date.  This act shall take effect January 1, 2025.

Links


Date Body Type
Feb. 1, 2024 Senate Hearing
March 7, 2024 Senate Floor Vote
March 29, 2024 House Hearing
April 3, 2024 House Exec Session
March 29, 2024 House Floor Vote

Bill Text Revisions

SB313 Revision: 41615 Date: April 11, 2024, 1:48 p.m.
SB313 Revision: 39981 Date: Dec. 8, 2023, 3:32 p.m.

Docket


April 11, 2024: Ought to Pass: MA VV 04/11/2024 HJ 11


April 3, 2024: Committee Report: Ought to Pass 03/29/2024 (Vote 20-0; CC) HC 14 P. 5


March 26, 2024: Executive Session: 03/29/2024 01:00 pm LOB 202-204


March 21, 2024: Public Hearing: 03/29/2024 10:30 am LOB 202-204


March 12, 2024: Introduced 03/11/2024 and referred to Criminal Justice and Public Safety


March 7, 2024: Ought to Pass: MA, VV; OT3rdg; 03/07/2024; SJ 6


Feb. 22, 2024: Committee Report: Ought to Pass, 03/07/2024; Vote 5-0; CC; SC 9


Jan. 24, 2024: Hearing: 02/01/2024, Room 100, SH, 09:00 am; SC 5


Dec. 8, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1