2003 SESSION

03-2258

09/10

HOUSE BILL 1366

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill limits the requirement for detention of defendants arrested for alleged violations of protective orders to those arrested for physical abuse violations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2258

09/10

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 Detention After Arrest for Violation of Protective Order. Amend RSA 173-B:9, I(a) to read as follows:

(a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and [ensure that], if the violation is not physical abuse, may detain the defendant [is detained] until arraignment. If the violation is physical abuse, the defendant shall be detained until arraignment. Such arrests may be made within 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.

2 Penalty for Violation of Protective Order. Amend RSA 173-B:9, III to read as follows:

III. A person shall be guilty of a [class A] misdemeanor if such person knowingly violates a protective order issued under this chapter, or RSA 458:16, III, or any foreign protective order enforceable under the laws of this state. Charges made under this chapter shall not be reduced to a lesser charge, as permitted in other instances under RSA 625:9.

3 Effective Date. This act shall take effect January 1, 2005.