CHAPTER 231

HB 1264-FN-LOCAL-FINAL VERSION

14feb02...2326h

4/11/02 3345s

2002 SESSION

01-2122

08/09

HOUSE BILL 1264-FN-LOCAL

AN ACT relative to district courts and pleas by mail, and establishing a committee to study the operation and efficiency of motor vehicle trials in district courts.

SPONSORS: Rep. Pepino, Hills 40

COMMITTEE: Finance

AMENDED ANALYSIS

This bill adds a reference to RSA 502-A:19-b, making the introductory paragraph of the plea by mail procedure the same for computerized courts and non-computerized courts. This bill also establishes a committee to study the operation and efficiency of motor vehicle trials in district courts.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14feb02...2326h

4/11/02 3345s

01-2122

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT relative to district courts and pleas by mail, and establishing a committee to study the operation and efficiency of motor vehicle trials in district courts.

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

231:1 Pleas by Mail; Procedure. The introductory paragraph of RSA 502-A:19-b is repealed and reenacted to read as follows:

In any case in which a defendant may, pursuant to RSA 149-M:17, II, RSA 206:34, RSA 262:44, or RSA 270:11-a, enter a plea by mail in a district or municipal court, the following procedure shall be followed:

231:2 Committee Established. There is established a committee to study the operation and efficiency of motor vehicle trials in district courts.

231:3 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives; one of whom shall be from the criminal justice and public safety committee, one of whom shall be from the judiciary committee, and one of whom shall be from the finance committee, appointed by the speaker of the house.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

231:4 Duties. The committee shall study the operation and efficiency of district court trials of motor vehicle violations where defendants are not required to appear at an arraignment. The committee shall also study the appearance of witnesses, witness fees paid to law enforcement officers, and any method of alternative case resolution prior to trial. The committee shall compare the current system to systems of other states. The committee shall solicit information from, but not be limited to:

I. A representative from the department of safety.

II. A representative from the New Hampshire Bar Association.

III. A criminal defense attorney with experience before the district court.

IV. A prosecutor with experience before the district court.

V. A representative from the district court.

VI. A representative from the attorney general's office.

231:5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

231:6 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.

231:7 Effective Date. This act shall take effect upon its passage.

(Approved: May 17, 2002)

(Effective Date: May 17, 2002)