HB 316  - AS INTRODUCED

 

 

2021 SESSION

21-0406

04/05

 

HOUSE BILL 316

 

AN ACT requiring a person issued a summons to remain of good behavior.

 

SPONSORS: Rep. Testerman, Merr. 2; Rep. Marsh, Carr. 8

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill amends the summons form to require the defendant remain of good behavior pending his or her appearance.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0406

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring a person issued a summons to remain of good behavior.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Summons Instead of Arrest.  Amend RSA 594:14, I to read as follows:

I.  In any case in which it is lawful for a peace officer to arrest without a warrant a person for a misdemeanor or violation, he or she may instead issue to the person in hand a written summons in substantially the following form:

The State of New Hampshire

To ......................................................................

You are hereby notified to appear before the .................... circuit court of the State of New Hampshire, district division, to be holden in ...................... on the .......... day of .................... 20 ...... at .......... o'clock in the forenoon (afternoon) to answer to a complaint (to be filed in said court) charging you with .......... in violation of the laws of the State of New Hampshire.  If you are charged with a class A misdemeanor or felony and you want a lawyer to represent you at the arraignment and throughout your case, but you cannot afford to hire a lawyer, you must fill out an application for court-appointed counsel and deliver it to the circuit court identified above as soon as possible.  The court will appoint an attorney to represent you if your application shows that you are eligible.  If you believe that you are eligible for appointed counsel, you may apply prior to your arraignment.

Hereof fail not, as you will answer your default under the penalty of the law in that behalf made and provided.

Pending appearance as described herein, you shall remain of good behavior.

Dated at

 Name

the.......... day of .............. 20.....

 Title

 

Upon failure to appear or to remain of good behavior, a warrant of arrest may issue.  Any person who fails to remain of good behavior or appear in answer to such summons shall be guilty of a misdemeanor.

2  Effective Date.  This act shall take effect upon its passage.

Statutes affected:
Introduced: 594:14
latest version: 594:14