This bill amends RSA 526:4 to extend the time frame for filing a petition for a new trial from three years to a more flexible approach under specific circumstances. The new legal language introduces several conditions under which the three-year limit does not apply, including cases involving felony or class A misdemeanor convictions, situations where the petitioner is incarcerated or facing collateral consequences, and instances where the petition alleges newly discovered evidence or claims of innocence. Additionally, the bill clarifies what constitutes "newly discovered evidence" and establishes a process for the court to determine if a petition meets the necessary prima facie showing before proceeding to a hearing.

Furthermore, the bill stipulates that if a petition is filed under the new provisions, the court must appoint counsel for indigent petitioners and ensure that victim services are reactivated during the reinvestigation of the case. The language also emphasizes that the standard for granting a motion for a new trial remains unchanged as per RSA 526:1, and for DNA evidence, RSA 651-D must be followed. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 526:4
As Amended by the House: 526:4
HB1422 text: 526:4