reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:2-f - Appointment of Counsel for Nonpayment or Nonperformance.

604-A:2-f Appointment of Counsel for Nonpayment or Nonperformance. –
I. No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing. Incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.
II. Prior to conducting an ability to pay or ability to perform final hearing, the court shall:
(a) Provide the defendant with a financial statement under oath and direct the defendant to complete the financial statement under oath;
(b) Inform the defendant that he or she may be immediately incarcerated if the court finds that he or she has willfully failed to comply with the court's prior order to pay an assessment or perform community service;
(c) Inform the defendant that he or she is entitled to counsel for the final hearing in which incarceration is a possible outcome and, if the defendant cannot afford one, the court will appoint one; and
(d) Explain the issues to be decided at the final hearing as well as the process provided.
III. The court shall appoint counsel to represent an indigent defendant at a final hearing on an ability to pay or perform held pursuant to this section if incarceration is a possible outcome of the final hearing.
IV. When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed counsel fees under RSA 604-A:9, I(b), if the court determines that the defendant is financially unable to repay.
Source.
2017, 86:1, eff. Aug. 1, 2017. 2019, 346:265, eff. July 1, 2020; 346:395, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:3 - Duration and Substitution of Appointments.

604-A:3 Duration and Substitution of Appointments. –
A defendant for whom counsel is appointed shall be represented by counsel from his initial appearance before the court at every stage of the proceedings until the entry of final judgment. If at any time after the appointment of counsel the defendant is financially able to obtain counsel or to make partial payment for representation, the court having jurisdiction of the case may terminate the appointment of counsel or direct the application of the funds available to the defendant to meet the expense of representation, as justice may require. If at any stage of the proceedings, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom he had retained, the court may appoint counsel to represent him, as justice may require. The court having jurisdiction of the case may, in the interest of justice, at any stage of the proceedings, substitute one appointed counsel for another.
Source.
1965, 296:1, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:4 - Compensation of Counsel.

604-A:4 Compensation of Counsel. –
Subject to the provisions of RSA 604-A:6, counsel appointed pursuant to this chapter to represent the defendant, at the conclusion of the representation or any segment thereof, shall be reasonably compensated therefor and shall be reimbursed for expenses reasonably incurred. A separate claim for compensation and reimbursement shall be made to each court before which the counsel represented the defendant. Each claim shall be supported by a written statement specifying the time expended, services rendered and expenses incurred while the case was pending before the court. Each court before which the counsel represented the defendant shall fix the compensation and reimbursement to be paid the counsel for services rendered and expenses incurred while representing the defendant in proceedings before the court; however, no justice shall approve any unreasonable or unnecessary charge.
Source.
1965, 296:1. 1969, 364:1, eff. July 1, 1969.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:5 - Repealed by 2015, 114:5, eff. Aug. 7, 2015.

604-A:5 Repealed by 2015, 114:5, eff. Aug. 7, 2015. –
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:6 - Services Other Than Counsel.

604-A:6 Services Other Than Counsel. –
In any criminal case in which counsel has been appointed to represent a defendant who is financially unable to obtain investigative, expert or other services necessary to an adequate defense in his case, counsel may apply therefor to the court, and, upon finding that such services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the necessary services on behalf of the defendant. The court may, in the interests of justice and upon finding that timely procurement of necessary services could not await prior authorization, ratify and approve such services after they have been obtained. The court shall determine reasonable compensation for the services and direct payment upon the filing of a claim for compensation supported by an affidavit specifying the time expended, the nature of the services rendered, the expenses incurred on behalf of the defendant, and the compensation, if any, received in the same case for the same services from any other source. The compensation to be paid to any person or association for such services shall not exceed $300 unless the court determines that the nature or quantity of such services reasonably merits greater compensation. The $300 limit for compensation shall not include or apply to reimbursement for expenses reasonably incurred. In any case in which appointed counsel seeks funds for services other than counsel under this section, the application for such funds may be filed with the court on an ex parte basis and may, upon the request of appointed counsel, be sealed until the conclusion of the representation.
Source.
1965, 296:1. 1983, 321:1. 1989, 188:1, eff. Jan. 1, 1990. 2005, 135:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:6-a - Contract Services.

604-A:6-a Contract Services. –
The state of New Hampshire, by the judicial council and with the approval of governor and council, may, within the limits of appropriations, contract with qualified firms or individuals in the state to provide stenographic and clerical services where, pursuant to RSA 604-A:6, the defendant has been found to be eligible for such services. The executive director of the judicial council shall authorize payments to such individuals and firms as provided for under this section.
Source.
1991, 46:2. 1997, 351:9, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:7 - Rules and Regulations.

604-A:7 Rules and Regulations. –
The supreme court, superior court, district court, and judicial branch family division shall each have the authority to establish such rules and regulations and prescribe such forms as may be deemed necessary or advisable for the performance of their respective duties hereunder.
Source.
1965, 296:1, eff. July 1, 1965. 2006, 267:2, eff. June 9, 2006.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:8 - Payment of Expenses.

604-A:8 Payment of Expenses. –
I. Each claim and written statement in support thereof when approved by the court shall be forwarded to the judicial council for payment. The commissioner of administrative services may adopt rules, under RSA 541-A, in addition to the requirements of paragraph II, to carry out the provisions of this section.
II. Statements submitted by counsel for payments of fees shall in each case be examined by the trial and appellate judges and certified by them as to the reasonableness of the fee requested and whether the defendant continued to be eligible for assignment of counsel during the duration of the trial. Such certificates shall be attached to the request for payment of counsel fees. Counsel must submit bills to the appropriate court for payment within 60 days of the disposition of a case unless the trial judge finds that there are extenuating circumstances. Courts shall, within 30 days of receipt, certify statements as outlined above and forward the certified statements to the judicial council for payment.
Source.
1965, 296:1. 1977, 600:23. 1981, 568:66. 1985, 399:3, eff. July 1, 1985. 2002, 250:4, eff. May 17, 2002.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-A - Adequate Representation for Indigent Defendants in Criminal Cases › Section 604-A:10 - Rulemaking; Records Required; Judicial Council; Commissioner of Administrative Services.

604-A:10 Rulemaking;  Records Required;  Judicial Council;  Commissioner of Administrative Services. –
I. The judicial council shall keep records of the notification of eligibility and assignment of counsel as submitted by the courts of the state pursuant to supreme court order 81-5A and subsequent related orders. In addition to any other use the judicial council shall make of these records, the judicial council shall keep records including the following information and compile such information on a monthly basis:
(a) The name of the courts, including the location and the type of the court.
(b) The type of the case as defined by the most serious offense charged in the case, according to the following categories:
(1) Homicide
(2) Other felony
(3) Misdemeanor
(4) Juvenile
(5) Other
(c) Whether the case was assigned to a private attorney or a public defender.
II. When a final bill has been approved for payment to a private attorney, the judicial council shall record the following information:
(a) The type of case as defined in RSA 604-A:10, I(b).
(b) The amount of the attorney's fee.
III. The judicial council shall also compile the gross monthly cost for bills approved for payment for expenses other than counsel, including those pursuant to RSA 604-A:6.
IV. The commissioner of administrative services shall, with the approval of the attorney general, adopt rules pursuant to RSA 541-A, governing determinations of eligibility for payment of indigent defense expenditures, determinations of repayment schedules, financial and credit investigations, and any other matters the commissioner deems necessary or advisable for the performance of duties under this chapter.
V. The judicial council shall adopt standards relative to appointment for juvenile counsel. Such standards shall establish training, experience, and other qualifications for attorneys to represent minors in such proceedings, and shall be developed with consideration of relevant national standards including, but not limited to, the Juvenile Justice Standards of the Institute of Judicial Administration and American Bar Association. The council shall develop the standards required by this section in consultation with the judicial branch, the New Hampshire Bar Association, New Hampshire Legal Assistance, the New Hampshire Public Defender, the Disability Rights Center of New Hampshire, and the American Civil Liberties Union of New Hampshire, and shall adopt them no later than July 1, 2022.
Source.
1983, 120:4. 1985, 399:3. 1989, 345:11, 12, eff. July 1, 1989. 2002, 250:5, eff. May 17, 2002. 2014, 215:26, eff. July 1, 2015. 2021, 207:2, Pt. I, Sec. 5, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:1 - Declaration of Purpose.

604-B:1 Declaration of Purpose. –
It is hereby declared to be the policy of the state to continue a public defender program for representation of indigent criminal defendants in Belknap, Merrimack, Hillsborough and Rockingham counties and to extend that program to the remaining 6 counties in the state.
Source.
1977, 296:1. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:2 - Representation of Indigent Defendants.

604-B:2 Representation of Indigent Defendants. –
Notwithstanding any other provisions of law to the contrary, when the appointment of counsel is required:
I. For indigent defendants in criminal cases, or
II. For juveniles charged as delinquents under RSA 169-B, the district, municipal, superior and supreme courts shall appoint the public defender program or a qualified attorney assigned by the court. The public defender program shall also provide such other representation of indigents as is necessary and consistent with normal criminal defense as required by the New Hampshire and United States Constitutions.
Source.
1977, 296:1. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:3 - Limitation of Representation.

604-B:3 Limitation of Representation. –
The public defender program shall not represent more than one person where a conflict of interest exists under the code of professional responsibility.
Source.
1977, 296:1. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:4 - Contract.

604-B:4 Contract. –
The state of New Hampshire, by the judicial council and with the approval of governor and council, shall contract with any organization or groups of lawyers approved by the board of governors of the New Hampshire Bar Association to operate the public defender program and provide public defender representation as provided in RSA 604-B:2 and 3. The contract shall fix the number of defender attorneys providing representation in each county and shall permit the public defender program to subcontract for attorney services, including appellate services, as may be necessary to provide such representation. No such contract shall be effective for longer than 2 years. The compensation for operation of the public defender program shall be such sums as may be fixed by the contract, subject to the appropriations made therefor.
Source.
1977, 296:1. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:5 - Supervision.

604-B:5 Supervision. –
The public defender program shall be under the general supervision of the judicial council for such matters pertaining to, but not limited to, allocation of cases between the public defender program and assigned counsel, performance, professional competence, and fiscal and budgetary matters. The supreme court shall recommend a fee schedule for assigned counsel which shall be graduated to reflect years of legal experience of such counsel.
Source.
1977, 296:1. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:6 - Allocation of Cases.

604-B:6 Allocation of Cases. –
The allocation of cases between the public defender program and assigned counsel shall be in accordance with a plan adopted by the public defender program and approved by the judicial council. The plan shall establish caseload limits for defender attorneys in accordance with professional standards under the code of professional responsibility and shall provide for appointment of assigned counsel only where maximum caseloads have been reached or public defender attorneys are otherwise unavailable.
Source.
1977, 296:1. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:7 - Public Defenders.

604-B:7 Public Defenders. –
Public defenders shall serve in accordance with the terms of a contract entered into pursuant to RSA 604-B:4. Public defender responsibilities shall be exclusively concerned with rights of indigent criminal defendants.
Source.
1977, 269:1. 1978, 52:4. 1981, 568:19, eff. July 1, 1981.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:8 - Alternate Public Defender Program.

604-B:8 Alternate Public Defender Program. –
The state of New Hampshire by the judicial council and with the approval of the governor and council may, in addition to the contract for the public defender program referred to in RSA 604-B:4, contract for an alternate public defender program to represent indigent defendants in circumstances where, because of conflict of interest or otherwise, the public defender program is unable to provide representation to a defendant. The alternate public defender program and the contract between it and the state shall be governed by the provisions of this chapter.
Source.
1988, 225:1, eff. April 30, 1988.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 604-B - Public Defender Program › Section 604-B:9 - Participation in State Employee Health Insurance Plan.

604-B:9 Participation in State Employee Health Insurance Plan. –
Employees of the New Hampshire public defender program shall be entitled to participate in the state of New Hampshire employee health insurance plan. The public defender program shall reimburse the state for the cost of all insurance premiums for all participating employees. The public defender program shall pay the same premium rates as those set for the majority of participating state employees. The public defender shall be permitted to opt into or out of the state health insurance plan in accordance with the state's applicable open enrollment cycles, except that if the public defender program opts into the state health insurance plan, it shall be for a minimum of 2 years.
Source.
2023, 62:1, eff. June 1, 2023.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 605 - Pleas and Refusal to Plead › Section 605:1 - Minors, etc.

605:1 Minors, etc. –
No minor under the age of 17 years, except with the consent of his parent, nor any person supposed to be of unsound mind shall be permitted to plead guilty or shall be put upon trial until counsel has been appointed to advise him and conduct his defense. If such person is poor, witnesses may, on motion of his counsel, be summoned in his behalf at the expense of the county.
Source.
GS 243:4. GL 261:4. PS 254:4. 1913, 31:1. PL 368:5. RL 428:5.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 605 - Pleas and Refusal to Plead › Section 605:2 - Counsel Fees.

605:2 Counsel Fees. –
Whenever counsel is appointed to advise with a minor or a person of unsound mind and to conduct his defense as provided by RSA 605:1, the counsel shall be entitled to receive, from the town or county in whose behalf the action is prosecuted, reasonable compensation for his services.
Source.
1873, 47:1. GL 261:5. PS 254:5. PL 368:6. RL 428:6.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 605 - Pleas and Refusal to Plead › Section 605:3 - Plea of Lesser Offense.

605:3 Plea of Lesser Offense. –
A person indicted may plead guilty of any minor offense which is included in the indictment, and if such plea is accepted by the state's counsel, judgment shall be rendered thereon.
Source.
1850, 962:5. CS 240:6. GS 243:5. GL 261:6. PS 254:6. PL 368:7. RL 428:7.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 605 - Pleas and Refusal to Plead › Section 605:4 - Nonacceptance of Plea.

605:4 Nonacceptance of Plea. –
If a plea of guilty to a minor offense tendered under RSA 605:3 is not accepted, it may be withdrawn and a plea of not guilty may be entered, and in such case the former plea shall not operate against the accused at his trial.
Source.
1850, 962:5. CS 240:6. GS 243:5. GL 261:6. PS 254:6. PL 368:8. RL 428:8.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 605 - Pleas and Refusal to Plead › Section 605:5 - Refusal to Plead.

605:5 Refusal to Plead. –
Whenever a person indicted stands mute or refuses to plead, the court shall order the plea of not guilty to be entered, and it shall have the same effect as if the accused had pleaded not guilty.
Source.
RS 225:4. CS 240:5. GS 243:3. GL 261:3. PS 254:3. PL 368:4. RL 428:4.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 605 - Pleas and Refusal to Plead › Section 605:6 - Plea of Nolo Contendere.

605:6 Plea of Nolo Contendere. –
A plea of nolo contendere may be accepted in any criminal case, and when such a plea is accepted, the court or justice may enter a finding of guilty upon such plea. Evidence of a plea of nolo contendere or of the finding entered thereon shall not be admissible in any civil action against the defendant.
Source.
1967, 197:1, eff. Aug. 13, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:1 - Impanelling Jury.

606:1 Impanelling Jury. –
Petit jurors attending the court may be impanelled for the trial of any criminal case and may be examined as in civil cases and otherwise, as to their fitness and capacity to perform the duty of jurors on the trial.
Source.
RS 176:21. CS 186:22. GS 243:6. GL 261:7. PS 254:7. PL 368:9. RL 428:9.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:2 - Oath of Jurors.

606:2 Oath of Jurors. –
The following oath shall be administered to petit jurors in criminal cases: You solemnly swear or affirm that you will carefully consider the evidence and the law presented to you in this case and that you will deliver a fair and true verdict as to the charge or charges against the defendant. So help you God.
Source.
RS 176:22. CS 186:23. GS 243:7. GL 261:8. PS 254:8. PL 368:10. RL 428:10. RSA 606:2. 1989, 5:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:3 - Challenges; Defendant.

606:3 Challenges;  Defendant. –
Every person arraigned and put on trial for an offense may, in addition to challenges for cause or unless he stands wilfully mute, peremptorily challenge:
I. 20 jurors for capital murder.
II. 15 jurors for murder in the first degree.
III. 3 jurors in any other case.
Source.
RS 225:5. CS 240:7. 1859, 2213:1. GS 243:8. GL 261:9. PS 254:9. 1919, 40:1. PL 368:11. RL 428:11. RSA 606:3. 1974, 34:5. 1993, 143:1, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:4 - Challenges; State.

606:4 Challenges;  State. –
The state shall be entitled to the following number of peremptory challenges, in addition to challenges for cause, in the following cases:
I. Upon the trial for capital murder, 10 challenges.
II. Upon the trial for murder in the first degree, 15 challenges.
III. Upon the trial for any other case, 3 challenges.
Source.
GS 243:9. 1877, 6:1. GL 261:10. 1879, 57:31. PS 254:10. 1919, 40:1. PL 368:12. RL 428:12. RSA 606:4. 1974, 34:6. 1979, 283:1. 1993, 143:2, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:5 - Custody of Jury.

606:5 Custody of Jury. –
The jury impanelled to try any criminal case may be kept separate from all other persons during the trial, if, upon cause shown, the court shall so order, and not otherwise.
Source.
GS 243:12. GL 261:12. PS 254:11. 1919, 48:1. PL 368:13. RL 428:13.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:6 - Rebutting Evidence.

606:6 Rebutting Evidence. –
In capital cases witnesses may be called in behalf of the state to rebut or explain any evidence of new matter offered by the defendant, or to discredit his witnesses, though the names of such witnesses have not been furnished to the defendant, but time may be allowed the defendant to answer such evidence, if, in the opinion of the court, justice shall require it.
Source.
1843, 34:17. CS 240:4. GS 243:11. GL 261:11. PS 254:12. PL 368:14. RL 428:14.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:7 - Waiver of Jury Trial in Certain Cases.

606:7 Waiver of Jury Trial in Certain Cases. –
Any defendant in the superior court in a criminal case other than a capital case may, if he shall so elect, when called upon to plead, or later and before a jury has been impanelled to try him, waive his right to trial by jury by signing a written waiver thereof and filing the same with the clerk of the court, whereupon he shall be tried by the court instead of by a jury, but not, however, unless all the defendants, if there are 2 or more to be tried together for the same offense, shall have exercised such election before a jury has been impanelled to try any of the defendants. In every such case the court shall have jurisdiction to hear and try the case and render judgment and sentence thereon.
Source.
1933, 96:1. RL 428:15.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:8 - Offenses Punishable by Imprisonment Not Exceeding One Year.

606:8 Offenses Punishable by Imprisonment Not Exceeding One Year. –
Six persons shall constitute a jury for the trial in the superior court of any offense punishable by imprisonment for any period not exceeding one year.
Source.
1973, 485:1, eff. Aug. 29, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:9 - Procedure; Challenges.

606:9 Procedure;  Challenges. –
Trials by juries of 6 shall proceed in accordance with provisions of law applicable to trials of criminal cases in the superior court, except that the number of peremptory challenges shall be limited to 2 for each defendant. The state shall be entitled to as many challenges as equal the whole number to which all the defendants in the case are entitled.
Source.
1973, 485:1, eff. Aug. 29, 1973.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606 - Trial › Section 606:10 - Appeals by the State.

606:10 Appeals by the State. –
I. As used in this section, "order" shall mean any decision by a court on a question of law including, but not limited to, any order, ruling, decision or judgment.
II. An appeal may be taken by the state in criminal cases on questions of law from the district or municipal courts or from the superior court to the supreme court from:
(a) An order of the court prior to trial which suppresses any evidence including, but not limited to, physical or identification evidence or evidence of a confession or admission;
(b) An order prior to trial which prevents the state from obtaining evidence;
(c) A pretrial dismissal of an indictment, information or complaint; or
(d) Any other order of the court prior to trial if, either because of the nature of the order in question or because of the particular circumstances of the case, there is a reasonable likelihood that such order will cause either serious impairment to or termination of the prosecution of any case.
III. An appeal may be taken by the state from the superior court or the district or municipal courts to the supreme court, after trial and after a finding of guilty by a jury or the court, from:
(a) The granting of a motion for a new trial;
(b) Dismissal; or
(c) Any other order requiring a new trial or resulting in termination of the prosecution in favor of the accused if an appeal of such order would be permitted by the double jeopardy provisions of the constitutions of the United States and New Hampshire.
IV. An appeal taken pursuant to paragraph II shall be taken before the defendant has been placed in jeopardy.
V. No appeal may be taken pursuant to this section unless the attorney general approves such appeal. Written approval of the attorney general shall be filed:
(a) At the time the notice of the appeal is filed; or
(b) Within 5 business days, if the attorney for the state filing the notice of appeal states in such notice that the attorney general has orally given his approval.
VI. The provisions of this section shall be liberally construed to effectuate its purpose of insuring that the state is able to proceed to trial with all of the evidence which it is legally entitled to introduce, in view of the limited ability of the state to have error reviewed after trial.
VII. The supreme court may adopt rules implementing the provisions of this section.
Source.
1985, 32:1, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606-A - Agreement on Detainers › Section 606-A:2 - Definition.

606-A:2 Definition. –
The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the municipal court, the district court or the superior court.
Source.
1959, 107:2. 1977, 588:20, eff. Sept. 16, 1977.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606-A - Agreement on Detainers › Section 606-A:3 - Enforcement of Agreement.

606-A:3 Enforcement of Agreement. –
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Source.
1959, 107:3, eff. July 17, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606-A - Agreement on Detainers › Section 606-A:4 - Application.

606-A:4 Application. –
Nothing in this chapter or in the agreement on detainers shall be construed to require the application of the habitual offenders law to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
Source.
1959, 107:4, eff. July 17, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606-A - Agreement on Detainers › Section 606-A:5 - Duty of Warden.

606-A:5 Duty of Warden. –
It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
Source.
1959, 107:5, eff. July 17, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 606-A - Agreement on Detainers › Section 606-A:6 - Compact Administrator.

606-A:6 Compact Administrator. –
The governor may designate an officer of the state to act as compact administrator of and information agent for the agreement.
Source.
1959, 107:6, eff. July 17, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:1 - Definition.

607-A:1 Definition. –
In this chapter, "felony" means:
I. A crime committed against the laws of this state or of the federal government for which a sentence of death or imprisonment in the state prison or a federal prison or penitentiary; or
II. A crime committed against the laws of another state for which a sentence of death or imprisonment in a prison or penitentiary is imposed, if the act would permit a sentence of death or imprisonment in the state prison in this state had it been committed in this state.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:2 - Rights Lost.

607-A:2 Rights Lost. –
I. (a) A person sentenced for a felony, from the time of his or her sentence until his or her final discharge, may not:
(1) Vote in an election, but if execution of sentence is suspended with or without the defendant being placed on probation or he or she is paroled after commitment to imprisonment, the correctional facility shall provide the offender written notice that he or she may vote during the period of the suspension or parole; or
(2) Seek the nomination of a political party or become a candidate for or hold public office.
(b) In this paragraph, "final discharge" means the release of a prisoner from incarceration. A person who is on probation or parole shall be considered to be finally discharged for the purpose of this section.
II. A public office held at the time of sentence is forfeited as of the date of the sentence if the sentence is in this state or, if the sentence is in another state or in a federal court, as of the date a certification of the sentence from the sentencing court is filed in the office of secretary of state, who shall receive and file it as a public document. An appeal or other proceeding taken to set aside or otherwise nullify the conviction or sentence does not affect the application of this section, but if the conviction is reversed the defendant shall be restored to any public office forfeited under this chapter from the time of the reversal and shall be entitled to the emoluments thereof from the time of the forfeiture.
Source.
1967, 289:1, eff. Aug. 26, 1967. 2015, 99:1, eff. Aug. 4, 2015. 2019, 170:2, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:3 - Rights Retained by Convicted Person.

607-A:3 Rights Retained by Convicted Person. –
Except as otherwise provided by this chapter or by the constitution of this state, a person convicted of a crime does not suffer civil death or corruption of blood or sustain loss of civil rights or forfeiture of estate or property, but retains all of his rights, political, personal, civil, and otherwise, including the right to hold public office or employment, to vote, to hold, receive, and transfer property, to enter into contracts, to sue and be sued, and to hold offices of private trust in accordance with law.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:4 - Savings Provisions.

607-A:4 Savings Provisions. –
I. This chapter does not affect the power of a court, otherwise given by law, to impose sentence, to suspend imposition or execution of sentence on any conditions, or to impose conditions of probation, or the power of the adult parole board to impose conditions of parole.
II. This chapter does not deprive or restrict the authority and powers of officials of a penal institution or other penal facility, otherwise provided by law, for the administration of the institution or facility or for the control of the conduct and conditions of confinement of a convicted person in their custody.
III. This chapter does not affect the qualifications or disqualifications otherwise required or imposed by law for a designated office, public or private, for service as a juror, for voting, or for any designated profession, trust, or position or any designated license or privilege conferred by public authority.
IV. This chapter does not affect the rights of others arising out of the conviction or out of the conduct on which the conviction is based and not dependent upon the doctrines of civil death, the loss of civil rights, the forfeiture of estate, or corruption of blood.
V. This chapter does not affect laws governing rights of inheritance of a murderer from his victim.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:5 - Certificate of Discharge.

607-A:5 Certificate of Discharge. –
I. If the sentence was imposed in this state, the order, certificate, or other instrument of discharge given to a person sentenced for a felony upon his discharge after completion of service of his sentence or after service under probation or parole shall state that the defendant's rights to vote and to hold any future public office, of which he was deprived by this chapter, are thereby restored and that he suffers no other disability by virtue of his conviction and sentence except as otherwise provided by this chapter. A copy of the order or other instrument of discharge shall be filed with the clerk of the court of conviction.
II. If the sentence was imposed in another state or in a federal court and the convicted person has similarly been discharged by the appropriate authorities, the governor of this state, upon application and proof of the discharge in such form as the governor may require, shall issue a certificate stating that the rights enumerated in paragraph I have been restored to the defendant under the laws of this state.
III. If another state having a similar act issues its certificate of discharge to a convicted person stating that the defendant's rights have been restored, the rights of which he was deprived in this state under this chapter are restored to him in this state.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:6 - Uniformity of Interpretation.

607-A:6 Uniformity of Interpretation. –
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:7 - Short Title.

607-A:7 Short Title. –
This chapter may be cited as the Uniform Act on Status of Convicted Persons.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 607-A - Uniform Act on Status of Convicted Persons › Section 607-A:8 - Severability.

607-A:8 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application and to this end the provisions of the chapter are severable.
Source.
1967, 289:1, eff. Aug. 26, 1967.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:1 - Complaint.

608:1 Complaint. –
Anyone fearing that another person may do injury to himself, his family or property may make complaint thereof, under oath, before a justice, who shall, by warrant, cause the person accused to be brought before him or some other justice for examination.
Source.
RS 222:9. CS 237:9. GS 238:1. 1868, 1:53. GL 256:1. PS 259:1. PL 373:1. RL 433:1.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:2 - Order.

608:2 Order. –
If, upon hearing the parties and their evidence, it appears to the justice that there is just cause to fear that the offense described in the complaint filed under RSA 608:1 may be committed, he may order the party named in the complaint to recognize, with sufficient sureties, in a reasonable sum, to keep the peace toward all the people of the state, and especially toward the complainant, for a term not exceeding one year, to pay costs of prosecution, and to stand committed until the order is complied with.
Source.
RS 222:9. CS 237:9. GS 238:2. GL 256:2. PS 259:2. PL 373:2. RL 433:2.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:3 - Appeal.

608:3 Appeal. –
The party ordered to recognize may appeal to the superior court at the next term to be held for the county on giving the security required by the order and security to pay such costs as may be awarded against him on the appeal.
Source.
GS 238:3. GL 256:3. PS 259:3. PL 373:3. RL 433:3.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:4 - Order.

608:4 Order. –
The superior court may affirm the order issued under RSA 608:2, discharge the appellant, or require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as it may think proper, and may make such order in relation to the costs of prosecution as may be deemed just.
Source.
GS 238:4. GL 256:4. PS 259:4. PL 373:4. RL 433:4.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:5 - Failure to Prosecute Appeal.

608:5 Failure to Prosecute Appeal. –
If the appellant fails to prosecute his appeal, his recognizance shall remain in force, and the court may award such costs to the complainant as it deems just.
Source.
GS 238:5. GL 256:5. PS 259:5. PL 373:5. RL 433:5.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:6 - Recognizing after Committal.

608:6 Recognizing after Committal. –
A person committed for not finding sureties or refusing to recognize as required by the court or magistrate may recognize agreeably to the order before any justice, and, on payment of the costs of his application, he shall be discharged.
Source.
GS 238:6. GL 256:6. PS 259:6. PL 373:6. RL 433:6.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:7 - Certifying to Court.

608:7 Certifying to Court. –
Every recognizance taken in pursuance of the foregoing provisions shall be transmitted by the justice to the superior court for the county on or before the first day of the next term, and shall be filed by the clerk.
Source.
GS 238:7. GL 256:7. PS 259:7. PL 373:7. RL 433:7.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:8 - Order on Conviction, etc.

608:8 Order on Conviction, etc. –
A person sentenced by a justice or court for a criminal offense, or ordered to recognize for his appearance before the same or another court, may be required to recognize to keep the peace and to be of good behavior for such time as the court or justice may direct.
Source.
RS 116:4; 118:7, 8; 218:1. CS 122:4; 124:7; 232:1. 1855, 1658:5. GS 238:8. GL 256:8. PS 259:8. PL 373:8. RL 433:8.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:9 - Order on View.

608:9 Order on View. –
A person who, in the presence of a court or justice, makes an affray, threatens to kill or beat another or to commit any violence or outrage to person or property, or who contends with hot and angry words to the disturbance of the peace, may be ordered, without process or any other proof, to recognize for keeping the peace and being of good behavior for a term not exceeding 3 months, and to stand committed until the order is complied with.
Source.
RS 222:8. GS 238:9. GL 256:9. PS 259:9. PL 373:9. RL 433:9.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 608 - Surety of the Peace › Section 608:10 - Committal by Surety.

608:10 Committal by Surety. –
A surety in a recognizance to keep the peace may commit the principal to the common jail, and shall be discharged in the same manner as sureties in other recognizances in criminal cases.
Source.
GS 238:10. GL 256:10. PS 259:10. PL 373:10. RL 433:10.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 610 - Rewards and Compensations to Prosecutors › Section 610:1 - Offer of Reward.

610:1 Offer of Reward. –
The county commissioners of any county, the city council of a city and the selectmen of a town are authorized, whenever in their opinion the public good requires it, to offer and pay from the treasury of such county, city or town a suitable reward, not exceeding $300 in any one case, to any person who shall, in consequence of such offer, apprehend and secure any person or persons charged with having committed a capital or other high crime.
Source.
1848, 735. CS 236:1. GS 245:1. GL 263:1. PS 261:1. 1911, 143:1. PL 375:1. RL 435:1.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 610 - Rewards and Compensations to Prosecutors › Section 610:2 - Compensation for Service.

610:2 Compensation for Service. –
If any service is performed by a person by direction of a court or justice, of the attorney general, or of the county attorney in bringing to justice an offender charged with a crime or misdemeanor, the superior court shall allow a reasonable sum therefor to be paid from the county treasury.
Source.
RS 211:15. CS 224:15. GS 245:2. GL 263:2. PS 261:2. PL 375:2. RL 435:2. RSA 610:2. 1959, 12:1.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 611-B - Office of the Chief Medical Examiner › Section 611-B:1 - Definitions.

611-B:1 Definitions. –
In this chapter:
I. "Acting chief medical examiner" means the physician designated pursuant to RSA 611-B:4.
II. "Assistant deputy medical examiner" means a person appointed by the chief medical examiner pursuant to RSA 611-B:5.
II-a. "Associate medical examiner" means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-B:3-a.
III. "Chief medical examiner" means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-B:2.
IV. "Death investigation" means an investigation conducted by a medical examiner pursuant to this chapter, which may involve one or more of the following: a telephone consultation, investigation of the scene of death, or post-mortem examination.
V. "Deputy chief medical examiner" means the licensed physician certified by the American Board of Pathology as a qualified pathologist and appointed pursuant to RSA 611-B:3.
VI. "Designee" means the medical examiner designated by the chief medical examiner to act on behalf of the chief medical examiner, who shall be either the deputy chief medical examiner or the acting chief medical examiner.
VII. "Medical examiner" means any person authorized pursuant to RSA 611-B to investigate medico-legal cases.
VIII. "Post-mortem examination" means any external or internal examination of a decedent's body.
IX. "Supervising medical examiner" means the chief medical examiner, deputy chief medical examiner, or acting chief medical examiner.
X. "Telephone consultation" means a type of death investigation that does not involve a visual examination of the deceased by the medical examiner.
Source.
2007, 324:1, eff. Sept. 14, 2007. 2021, 91:155, eff. July 1, 2021.