Bill Text: NH SB313 | 2024 | Regular Session | Enrolled


Bill Title: Relative to the delivery of the mittimus in a criminal case.

Spectrum: Slight Partisan Bill (Republican 7-3)

Status: (Passed) 2024-05-14 - Signed by the Governor on 05/14/2024; Chapter 0014; Effective 01/01/2025 [SB313 Detail]

Download: New_Hampshire-2024-SB313-Enrolled.html

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

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