HB1637 (2026) Compare Changes


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Unchanged Version

Text to be removed highlighted in red.

1 Bail and Recognizances; Review and Appeal of Release or Detention Order. Amend RSA 597:6-e, II to read as follows:

II. Subject to RSA 597:2, XIV the person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice, or by a bail commissioner. The motion shall be determined promptly. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint, affidavit, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued by a justice, or a bail commissioner. In cases where a district court justice has made a finding, pursuant to RSA 597:2, IV that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.

2 New Paragraph; Release of a Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph XIII the following new paragraph:

XIII-a. In any matter where bail has been set by the circuit court, either the state or the defendant may seek to have the circuit court reconsider the conditions of bail, including based on new information, by filing a motion with the circuit court. In domestic violence, stalking, and harassment cases, whether the motion is filed by the state or the defense, the hearing on the motion shall be scheduled within 72 hours, excluding weekends and state or federal holidays. The hearing does not have to be held within 72 hours of the filing of the motion, but it shall be scheduled within 72 hours, excluding weekends and state or federal holidays. Following the order of the circuit court, either party may seek further review from the superior court pursuant to RSA 597:6-e.

3 Detention and Sanctions for Default or Breach of Conditions. Amend the introductory paragraph of RSA 597:7-a, III to read as follows:

III. The state may initiate a proceeding for revocation of an order of release by filing a motion with the court which ordered the release and the order of which is alleged to have been violated The court may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before the court for a proceeding in accordance with this section. The court shall enter an order of revocation and detention if, after a hearing, the court:

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

Changed Version

Text to be added highlighted in green.

1 Bail and Recognizances; Review and Appeal of Release or Detention Order. Amend RSA 597:6-e, II to read as follows:

II. Subject to RSA 597:2, XIV the person or the state may file with the superior court a motion for revocation of the order or amendment of the conditions of release set by a municipal or district court, by a justice, or by a bail commissioner. The motion shall be determined promptly. In domestic violence, stalking, and harassment cases, whether the motion is filed by the state or the defense, the hearing on the motion shall be scheduled within 72 hours, excluding weekends and state or federal holidays. The hearing does not have to be held within 72 hours of the filing of the motion, but it shall be scheduled within 72 hours, excluding weekends and state or federal holidays. However, no action shall be taken on any such motion until the moving party has provided to the superior court certified copies of the complaint, affidavit, warrant, bail slip, and any other court orders relative to each charge for which a release or detention order was issued by a justice, or a bail commissioner. In cases where a district court justice has made a finding, pursuant to RSA 597:2, IV that the person poses a danger to another, the superior court shall, after notification to both parties, the police department that brought the charges in district court, and the victim, conduct a hearing and make written findings supporting any modifications and reasons for new conditions or changes from the district court order. The reviewing court shall take into consideration the district court's written findings, orders, pleadings, or transcript when making a modification.

2 New Paragraph; Release of a Defendant Pending Trial. Amend RSA 597:2 by inserting after paragraph XIII the following new paragraph:

XIII-a. In any matter where bail has been set by the circuit court, either the state or the defendant may seek to have the circuit court reconsider the conditions of bail, including based on new information, by filing a motion with the circuit court. In domestic violence, stalking, and harassment cases, whether the motion is filed by the state or the defense, the hearing on the motion shall be scheduled within 72 hours, excluding weekends and state or federal holidays. The hearing does not have to be held within 72 hours of the filing of the motion, but it shall be scheduled within 72 hours, excluding weekends and state or federal holidays. Following the order of the circuit court, either party may seek further review from the superior court pursuant to RSA 597:6-e.

3 Detention and Sanctions for Default or Breach of Conditions. Amend the introductory paragraph of RSA 597:7-a, III to read as follows:

III. The state may initiate a proceeding for revocation of an order of release by filing a motion with the court which ordered the release and the order of which is alleged to have been violated In domestic violence, stalking, and harassment cases, the hearing on the motion shall be scheduled within 72 hours, excluding weekends and state or federal holidays. The hearing does not have to be held within 72 hours of the filing of the motion, but it shall be scheduled within 72 hours, excluding weekends and state or federal holidays. The court may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before the court for a proceeding in accordance with this section. The court shall enter an order of revocation and detention if, after a hearing, the court:

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