HB 1676-FN – AS INTRODUCED
2006 SESSION
09/01
HOUSE BILL 1676-FN
AN ACT relative to misdemeanor jury trials.
SPONSORS: Rep. Soltani, Merr 8; Rep. Marshall Quandt, Rock 13; Rep. Weyler, Rock 8; Rep. Mooney, Hills 19; Sen. Clegg, Dist 14
This bill deletes the option for misdemeanor jury trials by regional jury trial courts. Any misdemeanor case in the district courts where a defendant requests trial by jury shall be transferred to the superior court.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2850
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to misdemeanor jury trials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Courts; Demands for Jury Trials; Appeals from Sentences. Amend RSA 502-A:12 to read as follows:
502-A:12 Appeals from Sentence.
I. In all counties, in any class A misdemeanor case where the defendant demands trial by jury at the district court arraignment or within 30 days after arraignment, the case shall be transferred to the superior court for trial by jury. Questions of law may be appealed therefrom to the supreme court. The district court shall, at the time of the arraignment or in the notice of trial to the defendant or the defendant’s attorney, advise the defendant of the right to trial by jury in the superior court. The defendant’s failure to assert the right to trial by jury under this paragraph shall constitute a waiver of the right.
II. A person sentenced by a district court for a class A misdemeanor may appeal therefrom to the superior court as provided in RSA 599[, except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a].
2 Jury Trials; Reference Deleted. Amend RSA 599:1 to read as follows:
599:1 Appeals. A person convicted by a district [or municipal] court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to the superior court[, which shall hear the appeal except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a]. The appeal shall be entered by the appellant at the next return day unless for good cause shown the time is extended by the superior court. In all misdemeanor cases which are appealed to the superior court or in which defendants are bound over it shall be the duty of the superior court to transmit to the justice of the district [or municipal] court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2850
Revised 12/27/05
HB 1676 FISCAL NOTE
AN ACT relative to misdemeanor jury trials.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state expenditures by $1,492,160 in FY 2007 and $2,984,320 in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch states the major fiscal impact of this bill would be the allowance of the transfer of class A misdemeanor cases from the District Court to the Superior Court before trial. The cost difference between processing a class A misdemeanor charge in the Superior Court and processing the charge solely in the District Court is $246.59 per charge. Branch statistics show that from October 1, 2004 through September 20, 2005 there were 36,607 class A misdemeanor charges brought in District Court. Of these, the Branch estimates 12,399 or 33.87% would be transferred to the Superior Court, increasing state expenditures by $3,057,469 (12,399 charges x $246.59 cost difference). The Branch states this bill would decrease state expenditures to the extent the bill saves class A misdemeanor charges appealed to the Superior Court from convictions in the District Court. The cost saved per charge would be $286.86. The Branch estimates this bill could eliminate 255 appeals, reducing the above estimate of additional costs by $73,149 ($286.86 x 255). With an effective date of January 1, 2007, the Branch estimates state expenditures will increase by $1,492,160 in FY 2007 and by $2,984,320 in FY 2008 and each year thereafter.