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HB178: relative to detention for violations of protective orders.

Bill status: Law without signature

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

Topics

Criminal justice and courts

Official links

CHAPTER 219

HB 178 - FINAL VERSION

20feb03... 0159h

2003 SESSION

03-0647

04/09

HOUSE BILL 178

AN ACT relative to detention for violations of protective orders.

AMENDED ANALYSIS

This bill allows a judge to order an alternative to detention pending arraignment if such detention would jeopardize the health of the defendant.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20feb03... 0159h

03-0647

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to detention for violations of protective orders.

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

219:1 Domestic Violence; Protective Orders. Amend RSA 173-B:9, I(a) to read as follows:

(a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and ensure that the defendant is detained until arraignment, provided that in extreme circumstances, such as when the health of the defendant would be jeopardized by the temporary detention, a judge in response to a request by the arresting law enforcement officer or agency, may order an alternative to detention pending arraignment. Such arrests may be made within 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.

219:2 Effective Date. This act shall take effect January 1, 2004.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the Governor, July 1, 2003)

(Effective Date: January 1, 2004)