This bill amends the existing law regarding witness fees in criminal proceedings by repealing and reenacting RSA 516:16. The new provision stipulates that civilian witnesses who appear in court as summoned will not receive compensation for their initial appearance. However, if these witnesses are required to return to court on a subsequent day through no fault of their own, they will be entitled to receive daily attendance fees and mileage reimbursement for each additional day they are required to testify. The rates for these fees will align with the standards set forth in 28 U.S.C. section 1821.
The fiscal impact of this bill is indeterminable, as it will depend on the frequency of civilian witnesses needing to return to court for multiple days. While the potential increase in expenditures related to witness fees and mileage reimbursements could be significant if such cases are common, the bill specifies that compensation applies only to subsequent appearances, which may allow the costs to be absorbed within existing agency budgets. The bill does not clarify which entity—either the Judicial Branch or the Department of Justice—will be responsible for paying the witness fees. The act is set to take effect on January 1, 2026.