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 evaluate petitions based on a prima facie showing before granting a hearing.
Furthermore, the bill stipulates that if a petition meets the necessary criteria, the court must appoint counsel for indigent petitioners and follow existing standards for granting new trials as outlined in RSA 526:1. It also mandates that victim services be reactivated during the reinvestigation of a case when a petition for a new trial is considered. The effective date for this act is set for January 1, 2027.
Statutes affected: Introduced: 526:4
As Amended by the House: 526:4
Version adopted by both bodies: 526:4
HB1422 text: 526:4