Revision: March 3, 2025, 1:10 p.m.
Rep. Scherr, Rock. 26
Rep. Meuse, Rock. 37
February 26, 2025
2025-0596h
09/11
Amendment to HB 592-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, III(a)(2) to read as follows:
(2)[(A)] If a person is charged with any other criminal offense, and the court or magistrate determines by clear and convincing evidence that release will endanger the safety of that person or the public, the court or magistrate may:
[(i)] (A) Order preventive detention without bail;
[(ii)] (B) Order the defendant to comply with restrictive conditions;
[(iii)] (C) Order electronic monitoring and supervision where the defendant has been accepted for electronic monitoring and supervision by the county; or
[(iv)] (D) Any combination thereof.
[(B) In determining whether release will endanger the safety of that person or the public, the court or magistrate may consider all relevant factors presented pursuant to paragraph IV.]
(3) In making a decision as to the existence of clear and convincing evidence under RSA 597:2, III(a), the bail commissioner, magistrate, or judge shall consider the following factors, in addition to other factors the court may find relevant:
(A) Any prior criminal convictions of the defendant.
(B) Any prior felony convictions of the defendant.
(C) Any prior criminal convictions of the defendant for violent crimes.
(D) Any pending felony charges of the defendant, including whether such pending charge is one involving violence and/or a deadly weapon.
(E) Whether the person is the sole income producer for dependents.
(F) Whether the person is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families.
(G) Whether the defendant is employed.
2 Bail and Recognizances; Release of a Defendant Pending Trial. Amend RSA 597:2, III(b)(2) to read as follows:
(2) If the court or magistrate determines by a preponderance of the evidence that a person has failed to appear on any previous matter charged as a felony, class A misdemeanor, or driving or operating while impaired, or a reasonably equivalent offense in an out-of-state jurisdiction, [3] 2 or more times within the past 3 years, or twice on the present case, there shall be a rebuttable presumption that release will not reasonably assure the appearance of the person as required, and the person shall be detained. At the bail hearing, the defendant shall be permitted to present evidence and the court or magistrate shall decide whether such person has rebutted the presumption that release will not reasonably assure the appearance of the person as required.
3 Effective Date. This act shall take effect January 1, 2026.
2025-0596h
AMENDED ANALYSIS
This bill adds factors for a bail commissioner, magistrate, or judge to consider in determining whether there is clear and convincing evidence that a defendant's release will endanger the safety of the person or public, and modifies the amount of failures to appear needed to trigger a rebuttable presumption that release will not reasonably assure the appearance of the defendant.