2001 SESSION

01-2092

04/01

HOUSE BILL 1293

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires that criminal complaints and warrants include details as to the nature of the alleged offense and the alleged statutory violations. The bill also requires law enforcement officers to provide the arrested individual with a copy of the warrant, complaint, and any supporting affidavits.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2092

04/01

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 Jurisdiction and Procedure; Warrants. Amend RSA 592-A:7 and RSA 592-A:8 to read as follows:

592-A:7 Complaints. Criminal proceedings before a district [or municipal] court shall be begun by complaint, signed and under oath, addressed to such court, [briefly] setting forth, by name or description, the party accused and the offense with which he or she is charged by specifying, with particularity, the alleged statutory violation and the elements of the offense that the defendant is alleged to have committed .

592-A:8 Warrants.

I. A justice of the peace or justice of the district [or municipal] court, upon [such] a complaint supported by an affidavit establishing probable cause that the person arrested has committed an offense prohibited by statute, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his or deputy or to any constable or police officer of any town in the county. Such affidavit shall contain facts, information, and circumstances upon which such person relies to establish probable cause for the issuance of the warrant and such affidavit may be supplemented by oral statements under oath for the establishment of probable cause. The person issuing the warrant shall retain the affidavit and shall make notes, of the substance or arrange for a transcript of any oral statements made under oath supplementing the affidavit. The person requesting the issuance of such warrant shall deliver the affidavit and the notes or transcript within 3 days, Sundays and holidays excluded, after the issuance of the warrant to the court to which the warrant is returnable. Upon the return of said warrant, the affidavit and the notes or transcript shall be attached to it and shall be filed therewith, and they shall be a public document only after the warrant is returned, unless otherwise ordered by the court.

II. Every warrant so issued shall be made returnable to the district or municipal court that shall have jurisdiction over the offense alleged to have been committed. Following the arrest of a person, the person effecting the arrest shall within 3 days following the arrest, Sundays and holidays excluded, shall make return of the warrant to the court having jurisdiction over the offense.

2 Arrests in Criminal Cases; Arrests on Warrants. Amend RSA 594:7 to read as follows:

594:7 Arrest on Warrant. An officer to whom a warrant for the arrest of an offender may be addressed has power to make the arrest at any time and in any place, and shall have, in any county, the same powers in relation to the process as an officer of that county. Following the arrest, a copy of the warrant, supporting affidavit and complaint shall be presented to the person arrested prior to being released from custody or arraigned, except as provided in RSA 594:9, or unless otherwise ordered by the court.

3 Effective Date. This act shall take effect January 1, 2003.