HB157: relative to presentence investigations.

HB 157 - AS INTRODUCED

2003 SESSION

03-0415

04/09

HOUSE BILL 157

AN ACT relative to presentence investigations.

SPONSORS: Rep. Tholl, Coos 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill clarifies that presentence investigations shall be ordered only after a finding of guilty.

This bill was requested by the department of corrections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0415

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to presentence investigations.

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

1 Sentences; Presentence Investigations. Amend RSA 651:4, I to read as follows:

I. No person convicted of a felony shall be sentenced before a written report of a presentence investigation has been presented to and considered by the court, unless waived by defendant and the state, or by the court. The court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation. A presentence investigation shall be ordered only after a finding of guilty.

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