Bill Text: NH SB38 | 2023 | Regular Session | Enrolled
Bill Title: Amending the procedure for issuing a summons instead of an arrest.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Passed) 2023-06-02 - Signed by the Governor on 06/01/2023; Chapter 0054; Effective 07/31/2023 [SB38 Detail]
Download: New_Hampshire-2023-SB38-Enrolled.html
SB 38-FN - VERSION ADOPTED BY BOTH BODIES
02/22/2023 0580s
2023 SESSION
23-0912
04/08
SENATE BILL 38-FN
AN ACT amending the procedure for issuing a summons instead of an arrest.
SPONSORS: Sen. Gannon, Dist 23; Sen. Birdsell, Dist 19; Sen. D'Allesandro, Dist 20; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Murphy, Dist 16; Sen. Innis, Dist 7; Rep. M. Pearson, Rock. 34
COMMITTEE: Judiciary
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ANALYSIS
This bill allows a peace officer to issue a summons instead of arrest if the peace officer has probable cause to believe the person has committed a misdemeanor or violation.
This bill is a request of the judicial branch.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2023 0580s 23-0912
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT amending the procedure for issuing a summons instead of an arrest.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Arrests in Criminal Cases; Summons Instead of Arrest. Amend RSA 594:14 to read as follows:
594:14 Summons Instead of Arrest.
I. In any case in which [it is lawful for] a peace officer [to arrest without a warrant a person for] has probable cause to believe that a person has committed a misdemeanor or violation, [he or she] the officer may [instead] issue to the person in hand a written summons in lieu of arrest. This shall not apply if the peace officer has probable cause to believe that a person has committed abuse as defined under RSA 173-B:1, I, violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16, or violated stalking provisions under RSA 633:3-a. The summons shall be in substantially the following form:
The State of New Hampshire
To ......................................................................
You are hereby notified to appear before the .................... circuit court of the State of New Hampshire, district division, to be holden in ...................... on the .......... day of .................... 20 ...... at .......... o'clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with .......... in violation of the laws of the State of New Hampshire. If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible. The court will appoint an attorney to represent you if your application shows that you are eligible. If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.
Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.
Pending appearance as described herein, you shall remain of good behavior.
Dated at
Name
the
.......... day of
..............20
.....
Title
Upon failure to appear or to remain of good behavior, a warrant of arrest may issue. Any person who fails to appear in answer to such summons shall be guilty of a misdemeanor.
II. A summons may be issued after an arrest for a misdemeanor or violation in lieu of bail.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0912
Amended 3/6/23
SB 38-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2023-0580s)
AN ACT amending the procedure for issuing a summons instead of an arrest.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill allows a peace officer to issue a summons instead of arrest if the peace officer has probable cause to believe the person has committed a misdemeanor or violation.
The Judicial Branch assumes the ability of law enforcement to issue a summons in lieu of arrest would result in fewer arrest warrants requested by law enforcement and fewer bail hearings. The total reduction in arrest warrants cannot be determined and, therefore, the fiscal impact is indeterminable.
The Department of Safety indicates this bill would have no fiscal impact on the Department of Safety.
The New Hampshire Municipal Association states current law (RSA 594:14) provides that a law enforcement officer may issue a summons instead of making an arrest in the case of a misdemeanor or violation. The Association assumes that the proposed change in terminology may provide clarification. The Association does not anticipate the bill would result in a fiscal impact for local governments.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Department of Safety, Judicial Branch and New Hampshire Municipal Association
