Relative to a defendant's presence during certain criminal proceedings.
Impact
The bill mandates that defendants will generally have to be present in court at significant phases of their trials, which can potentially streamline the process and ensure that decisions are made with all parties present. However, it provides allowances for exceptions where the court may excuse a defendant's presence for good cause. A significant addition is the stipulation for the use of reasonable force in transporting non-compliant incarcerated defendants, which emphasizes the seriousness with which the law views attendance at trial.
Summary
House Bill 1713 seeks to establish the requirement for defendants, charged with serious offenses punishable by life imprisonment or at least 15 years, to be present at every stage of their trial, including sentencing. This bill emphasizes the importance of a defendant's physical presence in ensuring fair judicial procedures and maintaining the integrity of the legal process. It underscores a shift towards stricter requirements around defendant presence, potentially reshaping norms in criminal proceedings within the state of New Hampshire.
Sentiment
The sentiment surrounding HB 1713 appears to reflect a mix of support for enhanced measures to ensure defendants’ engagement in their legal proceedings and concerns regarding the implications of using force in transporting defendants. Proponents may argue that this law reinforces the criminal justice system's integrity, while opponents might raise ethical concerns about the potential for excessive force against defendants, highlighting the balance that must be struck between maintaining order in the courtroom and upholding defendants' rights.
Contention
Notable points of contention arise from the provisions allowing the court to use reasonable force to transport defendants, raising discussions about the ethical implications and proper protocols that should be followed. Critics may be concerned that this provision could lead to abuses of power or be implemented in a manner that violates civil liberties. The classification of unexcused failure to appear as a class A felony further raises questions about proportionality in sentencing and the adequacy of existing failure-to-appear regulations, fostering a debate on the effectiveness of such a punitive approach in ensuring compliance with judicial mandates.
Establishing a committee to study replacement of bail commissioners with court magistrates and relative to delinquent payment of accounts by on premises and off premises licensees and relative to electronic payments to employee debit cards.
Relative to certain assault offenses, bail eligibility for commission of certain assault offenses, and making a false report to a law enforcement officer.