HB1497: restricting trial courts in criminal matters from imposing certain sentences following a plea bargain.

HB 1497-FN - AS INTRODUCED

2024 SESSION

24-2777

11/10

HOUSE BILL 1497-FN

AN ACT restricting trial courts in criminal matters from imposing certain sentences following a plea bargain.

SPONSORS: Rep. Gerhard, Merr. 25; Rep. T. Mannion, Hills. 1

COMMITTEE: Judiciary

ANALYSIS

This bill requires trial courts in all criminal matters to impose a sentence that does not exceed a length of incarceration by more than 10 percent of the incarceration length contemplated in the most recent plea bargain accepted by 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2777

11/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT restricting trial courts in criminal matters from imposing certain sentences following a plea bargain.

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

1 New Section; Sentencing; Plea Bargain. Amend RSA 651 by inserting after section 2 the following new section:

651:2-a Incarceration. Notwithstanding any law to the contrary, where a defendant has accepted the most recently offered plea bargain in a criminal case that requires that the defendant be incarcerated, a judge may not impose a period of incarceration which exceeds by more than 10 percent the length of incarceration contemplated in the plea bargain. In cases where the federal government exercises concurrent jurisdiction over a matter with New Hampshire, a federal court judge shall be bound by this law.

2 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2777

11/29/23

HB 1497-FN- FISCAL NOTE

AS INTRODUCED

AN ACT restricting trial courts in criminal matters from imposing certain sentences following a plea bargain.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

METHODOLOGY:

This bill requires trial courts in all criminal matters to impose a sentence that does not exceed a length of incarceration by more than 10 percent of the incarceration length contemplated in the most recent plea bargain accepted by the defendant. The Judicial Branch states the fiscal impact of this bill on expenditures is indeterminable because more pleas could be rejected and that could lead to an increase in court time spent on criminal cases. The validity/constitutionality of the legal change could also be litigated however, this is uncertain.

AGENCIES CONTACTED:

Judicial Branch