NH
New Hampshire House Bill HB38

New Hampshire 2023 Regular Session

New Hampshire House Bill HB38

Introduced
12/23/22  

Caption

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

Impact

The impacts of HB38 are multifaceted. Increased pretrial detentions may lead to an indeterminate number of individuals being held in custody longer before arraignment, potentially affecting their right to a speedy trial. The bill is anticipated to generate additional costs for counties due to increased detention periods and related judicial processes. Additionally, the New Hampshire Municipal Association suggests that the bill could decrease municipal costs as local police may be making fewer arrests on certain charges, which could ultimately lessen the burden on municipal resources.

Summary

House Bill 38 (HB38) seeks to amend existing state laws concerning the release of defendants pending trial. The bill introduces new burdens of proof, presumptions, and evidentiary standards that courts must consider when making decisions about pretrial release. One significant change includes a mandatory detention period of up to 72 hours for individuals charged with certain offenses who were previously on release for a felony or misdemeanor, thereby changing the framework under which bail hearings operate.

Sentiment

Sentiment around HB38 appears divided among stakeholders. Supporters argue that the changes will promote public safety by preventing potentially dangerous individuals from being released back into the community before their trial. In contrast, opponents worry that these measures may lead to unjust detentions, infringing on defendants' rights and leading to overcrowded detention facilities. This sentiment reflects broader concerns in the ongoing debate about balancing public safety with individual rights in the criminal justice system.

Contention

Notable points of contention include the implications of the rebuttable presumption against release for defendants who have previously violated conditions of bail or committed new offenses while on release. Critics fear that this presumption could result in unfair detentions based on prior behavior rather than current assessments of flight risk or danger. As such, the debate centers on finding the correct balance between ensuring community safety and upholding individual liberties in the pretrial phase.

Latest HB38 Activity

Companion Bills

No companion bills found.

Previously Filed As

NH SB294

Relative to the release of a defendant pending trial.

NH HB1476

Relative to release of a defendant pending trial.

NH SB252

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 HB318

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

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 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

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NH SB177

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NH SB320

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NH HB347

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NH HB457

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NH SB307

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NH SB248

Relative to bail for a defendant.