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SB37: relative to release of a defendant pending trial.

Bill status: Signed by Governor

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 91

SB 37 – FINAL VERSION

04/29/09 1407eba

2009 SESSION

09-0997

04/05

SENATE BILL 37

AN ACT relative to release of a defendant pending trial.

ANALYSIS

This bill allows the court to consider whether a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether such child would become the responsibility of the division of children, youth, and families.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/29/09 1407eba

09-0997

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to release of a defendant pending trial.

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

91:1 Release of a Defendant Pending Trial. Amend RSA 597:2, II to read as follows:

II. The court or justice shall order the prearraignment or pretrial release of the person on his or her personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a crime during the period of his or her release, and subject to such further condition or combination of conditions that the court may require, unless the court determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of the person or of any other person or the community. The court may also consider as a factor in its determination under this paragraph or paragraph III that a person who is detained as a result of his or her inability to meet the required conditions or post the required bond is the parent and sole caretaker of a child and whether, as a result, such child would become the responsibility of the division of children, youth, and families.

91:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 12, 2009

Effective Date: August 11, 2009