2001 SESSION

01-0522 09/01

SENATE BILL 90

COMMITTEE: Judiciary

ANALYSIS

This bill deletes the option for misdemeanor jury trials by regional jury trial courts. Any misdemeanor case in the district courts where a defendant requests trial by jury shall be transferred to the superior court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0522

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 District Courts; Demands for Jury Trials; Appeals from Sentences. Amend RSA 502-A:12 to read as follows:

502-A:12 Appeals from Sentence.

I. In all counties, in any class A misdemeanor case where the defendant demands trial by jury at the district court arraignment or within a time to be determined by court rule, said trial shall be transferred to the superior court. Questions of law may be appealed therefrom to the supreme court.

II. A person sentenced by a district court for a class A misdemeanor may appeal therefrom to the superior court as provided in RSA 599[, except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a].

2 Jury Trials; Civil Cases; Regional Jury Trial Courts. RSA 502-A:15, II is repealed and reenacted to read as follows:

II. The supreme court shall have the authority to designate one or more district courts to be regional jury trial courts to hear and determine civil causes. The region served by said courts shall be determined by the supreme court after due consideration of all relevant factors including: adequacy of present facility, staffing requirements, judicial economy and efficiency, and convenience to the public. In any region so designated, the case to be transferred shall be transferred to the regional jury trial district court and heard and tried as if originally entered there. Questions of law may be appealed therefrom to the supreme court.

3 Jury Trials; Reference Deleted. Amend RSA 599:1 to read as follows:

599:1 Appeals. A person convicted by a district or municipal court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to the superior court[, which shall hear the appeal except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a]. The appeal shall be entered by the appellant at the next return day unless for good cause shown the time is extended by the superior court. In all misdemeanor cases which are appealed to the superior court or in which defendants are bound over it shall be the duty of the superior court to transmit to the justice of the district or municipal court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.

4 Repeal. RSA 502-A:12-a, relative to regional jury trials, is repealed.

5 Effective Date. This act shall take effect January 1, 2002.