1 Misdemeanor Sexual Assault Prosecutions. Amend RSA 632-A:9-a to read as follows:

632-A:9-a Misdemeanor Sexual Assault Prosecutions with Victim Less Than 18 Years of Age.

I. In any prosecution for a violation of RSA 632-A:4 involving a victim less than 18 years of age at the time the prosecution is commenced, and which is brought in the circuit court, the defendant may elect to either:

(a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or

(b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.

II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.

2 New Section; Assault Prosecutions. Amend RSA 631 by inserting after section 2-b the following new section:

631:2-c Assault Prosecutions.

I. In any prosecution for a violation of RSA 631:2-a or 631:2-b, which is charged as a class A misdemeanor in the circuit court, the defendant may elect to either:

(a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or

(b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.

II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.

3 New Paragraph; Stalking; Prosecutions. Amend RSA 633:3-a by inserting after paragraph VIII the following new paragraph:

IX.(a) In any prosecution for a misdemeanor violation of this section in the circuit court, the defendant may elect to either:

(1) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or

(2) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.

(b) A circuit court shall not proceed with a trial under subparagraph IX(a)(2) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.

4 District Courts; Appeals from Sentence. Amend RSA 502-A:12, I to read as follows:

I. A person sentenced by a district court for a class A misdemeanor after trial or after proceedings pursuant to Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except as provided in RSA 632-A:9-a .

5 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows:

599:1 Appeals. - Except as provided in RSA 632-A:9-a, a person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.

6 Effective Date. This act shall take effect January 1, 2027.

1 Misdemeanor Sexual Assault Prosecutions. Amend RSA 632-A:9-a to read as follows:

632-A:9-a Misdemeanor Sexual Assault Prosecutions .

I. In any prosecution for a violation of RSA 632-A:4 which is brought in the circuit court, the defendant may elect to either:

(a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or

(b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.

II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.

2 New Section; Assault Prosecutions. Amend RSA 631 by inserting after section 2-b the following new section:

631:2-c Assault Prosecutions.

I. In any prosecution for a violation of RSA 631:2-a or 631:2-b, which is charged as a class A misdemeanor in the circuit court, the defendant may elect to either:

(a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or

(b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.

II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.

3 New Paragraph; Stalking; Prosecutions. Amend RSA 633:3-a by inserting after paragraph VIII the following new paragraph:

IX.(a) In any prosecution for a misdemeanor violation of this section in the circuit court, the defendant may elect to either:

(1) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or

(2) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.

(b) A circuit court shall not proceed with a trial under subparagraph IX(a)(2) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.

4 District Courts; Appeals from Sentence. Amend RSA 502-A:12, I to read as follows:

I. A person sentenced by a district court for a class A misdemeanor after trial or after proceedings pursuant to Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except as provided in RSA 631:2-c, 632-A:9-a , and 633:3-a, IX .

5 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows:

599:1 Appeals. - Except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX a person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.

6 Effective Date. This act shall take effect January 1, 2027.