SB 141-FN - AS INTRODUCED
2025 SESSION
25-0996
09/11
SENATE BILL141-FN
AN ACTextending the time to petition for a new trial in certain cases.
SPONSORS:Sen. Gannon, Dist 23; Sen. Innis, Dist 7; Sen. Rochefort, Dist 1; Sen. Pearl, Dist 17; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Murphy, Dist 16; Rep. Weyler, Rock. 14; Rep. L. Walsh, Rock. 15; Rep. Scherr, Rock. 26; Rep. Roy, Rock. 31; Rep. Khan, Rock. 30
COMMITTEE:Judiciary
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ANALYSIS
This bill creates an exception to the 3-year timeframe to petition for a new trial.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0996
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTextending the time to petition for a new trial in certain cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Trials; Time. Amend RSA 526:4 to read as follows:
526:4 Time.
I. A new trial shall not be granted unless the petition is filed within [three] 3 years after the rendition of the judgment complained of, or the failure of the suit.
II. The time limit in paragraph I shall not apply if:
(a) The petitioner seeks a new trial in a criminal case that resulted in a conviction of a felony or a class A misdemeanor;
(b) The petitioner is either incarcerated, subject to the terms of a sentence, or subject to collateral consequences of the sentence; and
(c) The petition alleges that newly discovered evidence exists.
III. For purposes of this subsection, "newly discovered evidence" includes, but is not limited to, evidence that can be subjected to new or additional forensic testing or new scientific understanding and evidence that was not admissible at the time of trial but is admissible at the time the petition is filed.
IV. Nothing in this section is intended to supersede the standard for granting a motion for new trial as set out in RSA 526:1.
2 Effective Date. This act shall take effect January 1, 2026.
LBA
25-0996
12/19/24
SB 141-FN- FISCAL NOTE
AS INTRODUCED
AN ACTextending the time to petition for a new trial in certain cases.
FISCAL IMPACT:
Estimated State Impact
FY 2025 FY 2026 FY 2027 FY 2028
Revenue $0 $0 $0 $0
Revenue Fund None
Expenditures* Indeterminable
Funding Source General Fund
Appropriations* $0 $0 $0 $0
Funding Source None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025 FY 2026 FY 2027 FY 2028
County Revenue $0 $0 $0 $0
County Expenditures Indeterminable
Local Revenue $0 $0 $0 $0
Local Expenditures Indeterminable
Estimated State Impact
FY 2025
FY 2026
FY 2027
FY 2028
Revenue
$0
$0
$0
$0
Revenue Fund
None
Expenditures*
Indeterminable
Funding Source
General Fund
Appropriations*
$0
$0
$0
$0
Funding Source
None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
FY 2025
FY 2026
FY 2027
FY 2028
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