SB 313 - VERSION ADOPTED BY BOTH BODIES
2024 SESSION
24-2925
09/05
SENATE BILL 313
AN ACT relative to the delivery of the mittimus in a criminal case.
SPONSORS: Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Gannon, Dist 23; Sen. Birdsell, Dist 19; Sen. Innis, Dist 7; Sen. Gendreau, Dist 1; Sen. Murphy, Dist 16; Sen. Carson, Dist 14; Sen. Chandley, Dist 11
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill amends the mechanisms for the delivery of a mittimus in a criminal case.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2925
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the delivery of the mittimus in a criminal case.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 The State Prisons; General Provisions; Committals. Amend RSA 622:8 to read as follows:
622:8 Committals. Whenever any [convict] person shall be sentenced to confinement to the state department of corrections by the court, [at hard labor] the court shall order the sheriff of the county to remove [him] the person and to provide safe and secure transport [to the state prisons and deliver him] to the state department of corrections’ custody at the appropriate receiving facility managed under the authority of the commissioner of corrections.
2 The State Prisons; General Provisions; Mittimus; Return. Amend RSA 622:9 to read as follows:
622:9 Mittimus; Return. The clerk of the court shall deliver a copy of the conviction, judgment and order, either electronically or in hand, issued pursuant to RSA 622:8 [to the sheriff, who shall deliver the same, with a copy of his return indorsed thereon,] to the commissioner of corrections or designee and to the arresting municipality[, and shall make due return to the court of the service of the order, upon an attested copy thereof]. The department of corrections shall examine the order to ensure its authenticity and to confirm, before placing a person in the state department of corrections' custody, that the order provides due authority to the department of corrections to confine said person.
3 Effective Date. This act shall take effect January 1, 2025.