CHAPTER 69
HB 1239-FN - FINAL VERSION
10Mar2022... 0508h
2022 SESSION
22-2555
12/05
HOUSE BILL 1239-FN
AN ACT relative to habitual offender hearings.
SPONSORS: Rep. Walsh, Merr. 24; Rep. Gagne, Hills. 13
COMMITTEE: Transportation
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ANALYSIS
This bill makes changes to the motor vehicle laws regarding habitual offenders by requiring the department of safety to send notice of a show cause hearing by first class mail and deems any person who fails to appear as a habitual offender.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2022... 0508h 22-2555
12/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to habitual offender hearings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
69:1 Habitual Offender Certification. Amend RSA 262:19, I to read as follows:
I. When the director determines that any person is an habitual offender within the meaning of RSA 259:39, [he] the director shall issue an order requiring that person to appear for a hearing to show cause why he or she should not be barred from driving a motor vehicle upon the ways of this state. The show cause [order] hearing shall incorporate a certified transcript or abstract of the person's conviction record, which shall be prima facie evidence that the person named therein was duly convicted, by the court in which such conviction or holding was made, of each offense shown by such transcript or abstract. If any person shall deny any of the facts stated in the transcript or abstract, he or she shall have the burden of proving that such is untrue. For the purposes of this chapter, a plea of nolo contendere shown on such transcript or abstract shall not make the same inadmissible. The department shall send notice for the show cause hearing by first class mail to the address of record with the division of motor vehicles. A person who fails to appear for the show cause hearing shall be defaulted and certified as an habitual offender, effective 30 days from the date of the hearing. The default order shall be served in-hand.
69:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 20, 2022
Effective Date: July 19, 2022