SB32: relative to notice to a defendant of the availability of sentence review.

CHAPTER 24

SB 32 – FINAL VERSION

2009 SESSION

09-0939

04/01

SENATE BILL 32

AN ACT relative to notice to a defendant of the availability of sentence review.

SPONSORS: Sen. Reynolds, Dist 2

COMMITTEE: Judiciary

ANALYSIS

This bill provides that the person sentenced shall be given notice of his or her right to request a sentence review.

This bill is a request of the New Hampshire supreme court.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0939

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to notice to a defendant of the availability of sentence review.

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

24:1 Review of State Prison Sentences; Application for Review. Amend RSA 651:58, II to read as follows:

II. Upon imposition of the sentence the [clerk] person sentenced shall [give] be given oral and written notice [to the person sentenced] of his or her right to make such a request. This notice shall include a statement that review of the sentence may result in a decrease or increase of the minimum or maximum term within the limits fixed by law. A form for making the application shall accompany the notice. If an application is filed, the clerk shall forthwith transmit it to the review division and shall notify the chief justice and the judge who imposed the sentence of the filing.

24:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 8, 2009

Effective Date: July 7, 2009