2003 SESSION

03-0500

04/09

HOUSE BILL 416

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill places a limitation on discovery proceedings in criminal cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0500

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 New Section; Proceedings in Criminal Cases; Reciprocal Discovery. Amend RSA 604 by inserting after section 1-a the following new section:

604:1-b Reciprocal Discovery Required. No petition for discovery filed by an accused person shall be granted unless the accused person first files with the court, in a sealed envelope, a detailed account of the accused person's actions and knowledge as to any fact or matter material to the charge or charges. The envelope shall remain sealed and shall be returned to the accused person upon conclusion of the case, including the expiration of any appeals period; provided, that if the accused person testifies in his or her own behalf, the court, prior to cross-examination, shall unseal the envelope and deliver its contents to the prosecution. To the extent the accused person's account contained in the envelope is inconsistent with the accused person's testimony, and to the extent it fails to address any material matter, it may be used during cross-examination and for impeachment purposes.

2 New Paragraph; Defenses; Limitations. Amend RSA 626:7 by inserting after paragraph II the following new paragraph:

III. A defendant's right to discovery shall be limited as provided in RSA 604:1-b.

3 Effective Date. This act shall take effect January 1, 2004.