Bill Text: NH SB551 | 2020 | Regular Session | Introduced

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Bill Title: Adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2020-06-16 - Vacated from Committee and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020 Senate Journal 8 [SB551 Detail]

Download: New_Hampshire-2020-SB551-Introduced.html

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SB 551  - AS INTRODUCED

 

 

2020 SESSION

20-2845

04/10

 

SENATE BILL 551

 

AN ACT adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

 

SPONSORS: Sen. Levesque, Dist 12; Rep. Welch, Rock. 13; Rep. Rodd, Merr. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill adds a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services. The bill also adds a provision for determining whether the court will order the release of a defendant pending trial.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2845

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT adding a bail commissioner to the commission on pretrial detention, pretrial scheduling, and pretrial services, and relative to the release of a defendant pending trial.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subparagraph; Commission on Pretrial Detention, Pretrial Scheduling, and Pretrial Services.  Amend RSA 597:43, I by inserting after subparagraph (l) the following new subparagraph:

(m)  A bail commissioner, appointed by the governor.

2  Bail and Recognizances; Release of a Defendant Pending Trial.  Amend RSA 597:2, III(g) to read as follows:

(g)  If the court determines by a preponderance of the evidence that a person has failed to appear without a reasonable explanation 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 or more times within the past 5 years, there shall be a rebuttable presumption that release will not reasonably assure the appearance of the person as required.

3  Effective Date.  This act shall take effect 60 days after its passage.