This bill amends RSA 526:4 to extend the time allowed for petitioning a new trial from three years to a more flexible framework 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 cites newly discovered evidence and claims 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 is found to lack a prima facie showing, the court may dismiss it. It 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 bill includes provisions for reactivating victim services during the reinvestigation of a case when a petition for a new trial is considered. 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
HB1422 text: 526:4