HB1713: relative to a defendant's presence during certain criminal proceedings.

HB 1713-FN - AS AMENDED BY THE HOUSE

28Mar2024... 1367h

2024 SESSION

24-3166

09/05

HOUSE BILL 1713-FN

AN ACT relative to a defendant's presence during certain criminal proceedings.

SPONSORS: Rep. Shurtleff, Merr. 15; Rep. Roy, Rock. 31

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill requires that a defendant who is charged with or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more be present at the return of the verdict and at sentencing after trial, subject to excusal for cause. The bill further permits a court to order the use of reasonable force in carrying out a transport order issued pursuant to this section of an incarcerated defendant who refuses to comply with that order. The bill further makes it a class A felony to knowingly violate this provision.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1367h 24-3166

09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to a defendant's presence during certain criminal proceedings.

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

1 New Section; Criminal Procedure in Superior Court; Appearance of Defendant. Amend RSA 592-B by inserting after section 9 the following new section:

592-B:10 Appearance of Defendant.

I. In any case where a defendant is charged with or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more, the defendant shall be required to be present at the return of the verdict and at sentencing after trial, unless excused by the court pursuant to paragraph II. The court shall inform the defendant of this requirement and the potential penalty prior to trial.

II. Upon motion by the defendant, the court may excuse the presence of the defendant required by paragraph I for good cause shown.

III. This section shall not be construed to prohibit the state to seek, or the court to allow, a proceeding to continue without the defendant's presence where the defendant was initially present at the proceeding and where the court deems that the defendant has waived his or her constitutional right to be present through voluntary absence or disruptive behavior.

IV. The court shall order the transport of any incarcerated defendant to the court for any proceeding where the defendant's presence is required by paragraph I. If an incarcerated defendant knowingly refuses to comply with an order issued under this paragraph, the court may, in its discretion, order the sheriff, sheriff's deputy, or any other law enforcement officer responsible for the transport of incarcerated individuals, to use reasonable force in carrying out the order.

2 New Section; Obstructing Governmental Operations; Failure to Appear at Trial or Sentencing. Amend RSA 642 by inserting after section 8 the following new section:

642:8-a Unexcused Failure to Appear at Trial or Sentencing.

I. A person is guilty of a class A felony if, having been charged or awaiting sentence for an offense punishable by life imprisonment or imprisonment of a maximum term of 15 years or more, the person knowingly:

(a) Fails to appear as required by RSA 592-B:10 and without being excused by the court.

(b) Refuses to comply with a transport order issued pursuant to RSA 592-B:10, IV.

II. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or complying and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he or she appear or comply, and that he or she appeared or complied as soon as such circumstances ceased to exist.

III. A term of imprisonment imposed pursuant to this section may be consecutive to the sentence of imprisonment for any other offense.

IV. A person shall not be subject to multiple sentences for a violation of both this section and RSA 642:8 arising out of the same failure to appear or comply.

V. Following a conviction for an offense under this section and consistent with RSA 651:2, the court may consider whether the person was convicted of the underlying offense that was punishable by life imprisonment or imprisonment of a maximum term of 15 years or more in determining what, if any, sentence to impose, in the interest of justice.

3 Effective Date. This act shall take effect upon its passage.

LBA

24-3166

Amended 4/1/24

HB 1713-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2024-1367h)

AN ACT relative to a defendant's presence during certain criminal proceedings.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association