NH
New Hampshire Senate Bill SB294

New Hampshire 2022 Regular Session

New Hampshire Senate Bill SB294

Introduced
12/14/21  
Refer
12/14/21  
Report Pass
2/10/22  
Engrossed
3/23/22  

Caption

Relative to the release of a defendant pending trial.

Impact

If enacted, SB294 could significantly alter the way bail hearings are conducted in New Hampshire. Courts will have increased authority to deny bail to defendants charged with serious crimes based on public safety concerns. This may lead to more individuals being held in custody while awaiting trial, which in turn could influence their legal strategies and outcomes. Fiscal considerations have also been raised, estimating a need for additional judicial resources, including court personnel and potentially increased costs for local law enforcement and correctional facilities.

Summary

SB294 proposes amendments to the existing bail and pre-trial release laws in New Hampshire to allow for pre-trial detention of certain defendants who are deemed a danger to the public. Specifically, it establishes a rebuttable presumption that individuals charged with serious offenses, such as homicide, sexual assault, and domestic violence, should be detained for up to 72 hours post-arrest. The bill aims to enhance public safety by allowing courts to consider the nature of the alleged crime and the potential risk to the community before deciding on bail conditions.

Contention

The bill has generated debate among stakeholders, particularly regarding the implications of pre-trial detention on the presumption of innocence. Proponents argue that it is necessary for protecting victims and the public from potentially dangerous individuals while awaiting trial. Opponents, including various advocacy groups, express concerns about the erosion of rights for defendants and the possibility of increased incarceration without proper representation. Moreover, the bill places additional burdens on the legal system, including the need for timely legal counsel for indigent defendants, raising questions about the availability of adequate legal resources.

Latest SB294 Activity

Companion Bills

No companion bills found.

Previously Filed As

NH SB252

Relative to release of a defendant pending trial.

NH HB1476

Relative to release of a defendant pending trial.

NH SB252

Relative to the release of a defendant pending trial, directing the establishment of an electronic monitoring program for criminal defendants released on bail, and making an appropriation therefor.

NH HB38

Relative to the conditions for release of a defendant pending trial.

NH SB92

Relative to increasing the penalty for criminal mischief, the release of a defendant pending trial, and requiring law enforcement candidate background checks.

NH HB318

Eliminating bail commissioners, and relative to the release of a defendant pending trial and establishing new circuit court judge positions.

NH SB248

Relative to bail for a defendant.

NH HB610

Expanding the definition of providers who can certify patients of the therapeutic cannabis program and relative to release of a defendant pending trial and relative to product labeling and information guide requirements for cannabis products and the prohibition of the sale of hemp products containing certain levels of THC.

NH SB248

Relative to bail for a defendant.

NH SB249

Relative to the release of a defendant pending trial.

Similar Bills

NH SB177

Relative to health insurance coverage of prosthetics for children under 19 years of age.

NH SB177

To create orthotics and prosthetics parity and ensure coverage of orthotics and prosthetics for the performance of physical activities for children 18 years of age and younger.

NH HB572

Establishing the "partners in housing" program, an initiative under the housing champions fund to assist municipalities, counties, and developers in building workforce housing, and making an appropriation therefor.

NH SB320

Requiring the public utilities commission to establish a gas and electric performance incentive mechanism.

NH HB38

Relative to the conditions for release of a defendant pending trial.

NH HB347

Relative to driving with a suspended license.

NH HB457

Relative to state treasury pension and insurance fund management.

NH SB252

Relative to release of a defendant pending trial.