This bill amends RSA 526:4 regarding the time frame for filing a petition for a new trial. The current law stipulates that a new trial shall not be granted unless the petition is filed within three years after the judgment or failure of the suit. The bill modifies this by inserting that the three-year limit does not apply under certain conditions, including if the petitioner is seeking a new trial for a felony or class A misdemeanor conviction, is incarcerated or subject to collateral consequences, alleges newly discovered evidence, and claims innocence.
Additionally, the bill defines "newly discovered evidence" and outlines the process for the court to evaluate petitions filed under the new provisions. It requires the court to determine if a prima facie showing has been made before granting a hearing and allows for the appointment of counsel for indigent petitioners. The bill also ensures that the standard for granting a motion for a new trial remains unchanged and mandates the reactivation of victim services during the reinvestigation of the case. The act is set to take effect on January 1, 2027.
Statutes affected: Introduced: 526:4
As Amended by the House: 526:4
Version adopted by both bodies: 526:4
CHAPTERED FINAL VERSION: 526:4
HB1422 text: 526:4