reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:17 - Extension of Time of Commitment, Adjournment.

612:17 Extension of Time of Commitment, Adjournment. –
If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period, not to exceed 60 days, or a judge or magistrate may again take bail for his appearance and surrender, as provided in RSA 612:16, but within a period not to exceed 60 days after the date of such new bond.
Source.
1937, 70:1. RL 437:17.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:18 - Forfeiture of Bail.

612:18 Forfeiture of Bail. –
If a prisoner is admitted to bail and fails to appear and surrender himself according to the conditions of his bond, the judge or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he is within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
Source.
1937, 70:1. RL 437:18.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:19 - Persons Under Criminal Prosecution in This State at Time of Requisition.

612:19 Persons Under Criminal Prosecution in This State at Time of Requisition. –
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, when a demand for extradition is received, the governor, in his discretion, may surrender the person on demand of the executive authority of another state or hold him until he has been tried and discharged or convicted and punished in this state.
Source.
1937, 70:1. RL 437:19.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:20 - Guilt or Innocence of Accused, When Inquired Into.

612:20 Guilt or Innocence of Accused, When Inquired Into. –
The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in RSA 612:3 has been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
Source.
1937, 70:1. RL 437:20.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:21 - Governor May Recall Warrant or Issue Alias.

612:21 Governor May Recall Warrant or Issue Alias. –
The governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.
Source.
1937, 70:1. RL 437:21.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:22 - Fugitives From This State; Duty of Governors.

612:22 Fugitives From This State;  Duty of Governors. –
Whenever the governor of this state shall demand a person charged with a crime or with escaping from confinement or breaking the terms of his bail, probation, or parole in this state from the executive authority of any other state, or from the chief justice or an associate justice of the supreme court of the District of Columbia authorized to receive such demand under the laws of the United States, he shall issue a warrant under the seal of this state to some agent, commanding him to receive the person so charged if delivered to him and convey him to the proper officer of the county in this state in which the offense was committed.
Source.
1937, 70:1. RL 437:22.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:23 - Application for Issuance of Requisition; By Whom Made; Contents.

612:23 Application for Issuance of Requisition;  By Whom Made;  Contents. –
I. When the return to this state of a person charged with a crime in this state is required, the prosecuting attorney shall present to the governor his written application for a requisition for the return of the person charged, in which application shall be stated the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, the state in which he is believed to be, including the location of the accused therein, at the time the application is made and a certification that, in the opinion of the prosecuting attorney, the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
II. When the return to this state is required of a person who has been convicted of a crime in this state and has escaped from confinement or broken the terms of his bail, probation, or parole, the prosecuting attorney of the county in which the offense was committed, the parole board, or the warden of the institution or sheriff of the county from which escape was made shall present to the governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, or parole, and the state in which he is believed to be, including the location of the person therein at the time application is made.
III. The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to the judge or magistrate, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole board, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he shall deem proper to be submitted with such application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, and affidavits, or of the judgment of conviction or of the sentence, shall be filed in the office of the secretary of state to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.
Source.
1937, 70:1. RL 437:23.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:24 - Expenses.

612:24 Expenses. –
All expenses of officers of this state in connection with extradition proceedings under the provision of this chapter shall be paid out of the county treasury in the county wherein the crime is alleged to have been committed, except as provided in the case of recommitment of certain paroled convicts as provided by RSA 651:44.
Source.
1937, 70:1. RL 437:24.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:25 - Immunity From Service of Process in Certain Civil Actions.

612:25 Immunity From Service of Process in Certain Civil Actions. –
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceedings to answer which he is being or has been returned, until he has been convicted in the criminal proceeding, or if acquitted, until he has had reasonable opportunity to return to the state from which he was extradited.
Source.
1937, 70:1. RL 437:25.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:26 - Written Waiver of Extradition Proceedings.

612:26 Written Waiver of Extradition Proceedings. –
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation, or parole may waive the issuance and service of the warrant provided for in RSA 612:7 and 612:8 and all other procedures incidental to extradition proceedings by executing or subscribing in the presence of a judge of any court of record within this state a writing which states that he consents to return to the demanding state; provided, however, that before such waiver shall be executed or subscribed by such person, it shall be the duty of such judge to inform such person of his right to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in RSA 612:10. Following the execution of a waiver of extradition by such person, he shall be placed in custody without bail to await delivery to the agent of the demanding state. If after a reasonable time the agents of the demanding state have not taken custody of the accused, the accused shall be allowed to apply to the superior court for review of his custody status. If and when such consent has been duly executed, it shall forthwith be forwarded to the office of the governor of this state and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided, however, that nothing in this section shall be deemed to limit the right of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights, or duties of the officers of the demanding state or of this state.
Source.
1937, 70:1. RL 437:26. RSA 612:26. 1993, 121:3, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:27 - Nonwaiver by This State.

612:27 Nonwaiver by This State. –
Nothing contained in this chapter shall be deemed to constitute a waiver by this state of its right, power, or privilege to try a demanded person for a crime committed within this state, or of its right, power, or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this state, nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges, or jurisdiction in any way whatsoever.
Source.
1937, 70:1. RL 437:27.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:28 - No Right of Asylum; No Immunity From Other Criminal Prosecutions While in This State.

612:28 No Right of Asylum;  No Immunity From Other Criminal Prosecutions While in This State. –
After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Source.
1937, 70:1. RL 437:28.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:29 - Interpretation.

612:29 Interpretation. –
The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it.
Source.
1937, 70:1. RL 437:29.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 612 - Uniform Criminal Extradition Law › Section 612:30 - Constitutionality.

612:30 Constitutionality. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall 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 hereof are declared to be severable.
Source.
1937, 70:1. RL 437:30.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:1 - Definitions.

613:1 Definitions. –
I. "Witness" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding.
II. The word "state" shall include any territory of the United States and District of Columbia.
III. The word "summons" shall include a subpoena, order, or other notice requiring the appearance of a witness.
Source.
1937, 65:1. RL 438:1.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:2-a - Alternative Procedure to Compel the Attendance of a Witness to a Contiguous State.

613:2-a Alternative Procedure to Compel the Attendance of a Witness to a Contiguous State. –
A justice of the peace, upon receipt of a certificate of the clerk of a court of record in any jurisdiction contiguous to the state of New Hampshire that a criminal prosecution is pending in such court, and that a resident of this state is supposed to be a material witness therein, shall issue a summons requiring such person to appear and testify at the court in which such case is pending.
Source.
2019, 65:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:3 - Witness From Another State Summoned to Testify in This State.

613:3 Witness From Another State Summoned to Testify in This State. –
I. If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations commenced or about to commence in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
II. If the witness is summoned to attend and testify in this state he shall be tendered the sum of $.10 a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
Source.
1937, 65:3. RL 438:3.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:3-a - Alternative Procedure to Secure the Attendance of a Witness From the Commonwealth of Massachusetts.

613:3-a Alternative Procedure to Secure the Attendance of a Witness From the Commonwealth of Massachusetts. –
I. In order to secure the attendance of a witness residing in the Commonwealth of Massachusetts, the clerk of a court of record, upon application by the state or counsel for a defendant stating that a criminal prosecution is pending in such court and that a resident of the Commonwealth of Massachusetts is supposed to be a material witness therein, shall issue a certificate so stating, to be presented to a justice of the peace of the Commonwealth of Massachusetts in accordance with Massachusetts law.
II. If the witness is summoned to attend and testify in New Hampshire, he or she shall be tendered the sum of $.10 a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and $5 for each day that he or she is required to travel and attend as a witness.
Source.
2019, 65:2, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:4 - Exemption from Arrest and Service of Process.

613:4 Exemption from Arrest and Service of Process. –
I. If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
II. If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
Source.
1937, 65:4. RL 438:4.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:5 - Uniformity of Interpretation.

613:5 Uniformity of Interpretation. –
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
Source.
1937, 65:5. RL 438:5.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613 - Summoning Witnesses From Without a State › Section 613:6 - Constitutionality.

613:6 Constitutionality. –
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall 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 hereof are declared to be severable.
Source.
1937, 65:6. RL 438:6.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:1 - Definitions.

613-A:1 Definitions. –
As used in this chapter:
I. "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.
II. "Penal institutions" includes a jail, prison, penitentiary, house of correction, or other place of penal detention.
III. "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:2 - Summoning Witness in This State to Testify in Another State.

613-A:2 Summoning Witness in This State to Testify in Another State. –
A judge of a state court of record in another state which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:3 - Court Order.

613-A:3 Court Order. –
If at the hearing provided for in RSA 613-A:2 the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him in the court where the criminal action is pending or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:4 - Terms and Conditions.

613-A:4 Terms and Conditions. –
The order to the witness and to the person having custody of the witness issued pursuant to RSA 613-A:3 shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:5 - Exceptions.

613-A:5 Exceptions. –
This chapter does not apply to any person in this state confined as insane or mentally ill or as a defective delinquent or under sentence of death.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:6 - Prisoner from Another State Summoned to Testify in This State.

613-A:6 Prisoner from Another State Summoned to Testify in This State. –
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:7 - Compliance.

613-A:7 Compliance. –
The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:8 - Exemption from Arrest and Service of Process.

613-A:8 Exemption from Arrest and Service of Process. –
If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:9 - Uniformity of Interpretation.

613-A:9 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.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:10 - Short Title.

613-A:10 Short Title. –
This act may be cited as the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 613-A - Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act › Section 613-A:11 - Severability Clause.

613-A:11 Severability Clause. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall 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 this chapter are severable.
Source.
1959, 83:1, eff. July 5, 1959.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:1 - Authority Granted to Make Arrest.

614:1 Authority Granted to Make Arrest. –
Except as provided in RSA 614:1-a, any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him or her on the ground that he or she is believed to have committed a felony or to have driven a motor vehicle or operated a boat while under the influence of intoxicating liquor or a controlled drug in such other state, shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county, or municipal peace unit of this state to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or to have driven a motor vehicle or operated a boat in this state while under the influence of intoxicating liquor or a controlled drug.
Source.
1937, 54:1. RL 439:1. RSA 614:1. 1986, 193:5, eff. Aug. 2, 1986. 2003, 252:4, eff. July 14, 2003.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:1-a - Reciprocity Requirement.

614:1-a Reciprocity Requirement. –
The provisions of RSA 614 shall not authorize members of state, county or local peace units from other states to pursue persons driving or suspected of driving a motor vehicle or operating or suspected of operating a boat under the influence of intoxicating liquor or a controlled drug into New Hampshire unless the state of origin of such peace unit accords reciprocal authority to pursue such persons to members of duly authorized New Hampshire state, county or local peace units.
Source.
1986, 193:5, eff. Aug. 2, 1986. 2003, 252:5, eff. July 14, 2003.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:2 - Court Hearing.

614:2 Court Hearing. –
If an arrest is made in this state by an officer of another state in accordance with the provisions of RSA 614:1, he shall without unnecessary delay take the person arrested before any justice of the superior court or of the district court or the municipal court of any city who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If said justice determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or admit such person to bail pending the issuance of such warrant. If the said justice determines that the arrest was unlawful, he shall discharge the person arrested.
Source.
1937, 54:2. RL 439:2.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:3 - Limitation.

614:3 Limitation. –
RSA 614:1 shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful.
Source.
1937, 54:3. RL 439:3.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:5 - What Constitutes Fresh Pursuit.

614:5 What Constitutes Fresh Pursuit. –
The term "fresh pursuit" as used in this subdivision shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected of driving a motor vehicle or operating a boat while under the influence of intoxicating liquor or a controlled drug. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Source.
1937, 54:5. RL 439:5. RSA 614:5. 1986, 193:6, eff. Aug. 2, 1986. 2003, 252:6, eff. July 14, 2003.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:6 - Separability Clause.

614:6 Separability Clause. –
If any part of this subdivision is for any reason declared void, it is declared to be the intent hereof that such invalidity shall not affect the validity of the remaining portions.
Source.
1937, 54:6. RL 439:6.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:7 - Authority Granted to Make Arrest.

614:7 Authority Granted to Make Arrest. –
I. Any peace officer of this state or other person authorized to make arrests in a criminal case in this state in fresh pursuit of a person who is reasonably believed by such officer to have committed a felony in this state or who has committed or attempted to commit any criminal offense in this state in the presence of such officer, or for whom such officer holds a warrant of arrest for any offense, shall have the authority to arrest and hold in custody such person anywhere in this state.
II. Any peace officer of this state in fresh pursuit of a person who is reasonably believed by such officer to be driving under the influence of intoxicating liquor or controlled drugs, or has violated any motor vehicle statute in the presence of such officer, or for whom such officer holds a warrant of arrest for any offense, shall have the authority to arrest and hold in custody such person anywhere in this state.
Source.
1941, 34:1. RL 439:7. RSA 614:7. 1995, 193:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:8 - Court Hearing.

614:8 Court Hearing. –
If an arrest pursuant to RSA 614:7 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be admitted to bail, if the offense is bailable, by a magistrate or bail commissioner of either the jurisdiction where the offense was committed or where the prisoner was apprehended, by taking security by way of recognizance of the appearance of such prisoner before the court having jurisdiction of such criminal offense.
Source.
1941, 34:2. RL 439:8. 2002, 53:1, eff. Jan. 1, 2003.
2023 New Hampshire Revised Statutes › Title LIX - Proceedings in Criminal Cases › Chapter 614 - Fresh Pursuit › Section 614:9 - What Constitutes Fresh Pursuit.

614:9 What Constitutes Fresh Pursuit. –
The term "fresh pursuit" as used in this subdivision shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or is reasonably suspected of having committed a felony in this state, or under RSA 614:7, II a person who is reasonably suspected of driving under the influence of intoxicating liquor or controlled drugs, or who has violated any motor vehicle statute, ordinance, or any other law in this state in the presence of the arresting officer referred to in RSA 614:7, or for whom such officer holds a warrant of arrest for any offense. It shall also include the pursuit of a person suspected of having committed a supposed felony in this state, though no felony has actually been committed, if there is reasonable ground for so believing. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.
Source.
1941, 34:3. RL 439:9. RSA 614:9. 1995, 193:2, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:1 - Jurisdiction.

616:1 Jurisdiction. –
Any penalty or forfeiture of money may be recovered by action of debt before a justice if it does not exceed $13.33, before a municipal court if it does not exceed $100, and before the superior court in other cases.
Source.
RS 211:1. CS 224:1. GS 248:1. GL 266:1. PS 257:1. PL 371:1. RL 431:1.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:2 - For Whose Use.

616:2 For Whose Use. –
Every such penalty and forfeiture shall be for the use of the county in which the offense is committed, unless otherwise limited.
Source.
RS 211:2. CS 224:2. GS 248:2. GL 266:2. PS 257:2. PL 371:2. RL 431:2.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:3 - Execution.

616:3 Execution. –
Whenever judgment is rendered for any such penalty or forfeiture, a writ of execution may issue in favor of the county for the penalty and costs.
Source.
GS 248:3. GL 266:3. PS 257:3. PL 371:3. RL 431:3.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:4 - Right of Town, etc.

616:4 Right of Town, etc. –
If part of a penalty or forfeiture is payable to a town, corporation or board of public officers, they shall have the same rights in relation to such action and penalty as the county has in the cases aforesaid.
Source.
GS 248:6. GL 266:6. PS 257:6. PL 371:4. RL 431:4.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:5 - Powers of Selectmen.

616:5 Powers of Selectmen. –
Whenever a penalty or forfeiture or any part thereof is given to a town, the selectmen may sue therefor in the name of the town, shall defray the expenses of the action and may remit the penalty or forfeiture.
Source.
RS 211:11. CS 224:11. GS 248:12. GL 266:12. PS 257:12. PL 371:5. RL 431:5.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:6 - Computation of Time, etc.

616:6 Computation of Time, etc. –
Whenever a fine or penalty is imposed for neglect for any period of time, the neglect may be alleged to have begun at any specified time and shall be reckoned from the time so alleged; but no suit or prosecution in such case shall be begun against a town or town officers until 20 days after notice in writing of the intention to begin it, nor then, if, within that time, the duty is performed.
Source.
RS 211:3. CS 224:3. GS 248:7. GL 266:7. PS 257:7. PL 371:6. RL 431:6.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:7 - Disqualification of Justice.

616:7 Disqualification of Justice. –
In actions for the recovery of a penalty before a justice, it shall be no cause of exception that the justice resides or has property within the town in which the offense was committed, nor that the penalty or any part thereof may belong to the town.
Source.
RS 211:6. CS 224:6. GS 248:8. GL 266:8. PS 257:8. PL 371:7. RL 431:7.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:8 - General Issue.

616:8 General Issue. –
In any such action the defendant may plead the general issue, and under it give any special matter in evidence.
Source.
RS 211:7. CS 224:7. GS 248:9. GL 266:9. PS 257:9. PL 371:8. RL 431:8.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 616 - Pecuniary Penalties and Forfeitures › Section 616:9 - Limitation of Action.

616:9 Limitation of Action. –
All suits or prosecutions founded upon any penal statute for penalties or forfeitures shall be brought within 2 years after the commission of the offense, unless otherwise specially provided. This section shall apply only to suits or prosecutions brought under this chapter.
Source.
RS 211:9, 10. CS 224:9. GS 248:10. GL 266:10. PS 257:10. PL 371:9. RL 431:9. RSA 616:9. 1990, 191:3, eff. Jan. 1, 1991.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:1 - Seizure.

617:1 Seizure. –
Whenever personal property is forfeited for violation of law, any officer or person by law authorized to seize the same may take and retain it until he shall deliver it to a proper officer having a warrant to detain it.
Source.
RS 212:1. CS 225:1. GS 249:1. GL 267:1. PS 258:1. PL 372:1. RL 432:1.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:1-a - Criminal Forfeiture; Property Subject to Forfeiture.

617:1-a Criminal Forfeiture;  Property Subject to Forfeiture. –
I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit:
(a) Property the person derived from the commission of the crime;
(b) Property directly traceable to property derived from the commission of the crime; and
(c) Instrumentalities the person used in the commission of the crime.
II. When a conviction or agreement of the parties is not possible due to the person's death, incompetence, unavailability, or not being within the jurisdiction of the court, or the person to be charged cannot be identified, forfeiture proceedings may be commenced.
III. Property may be forfeited if the state establishes that the property is forfeitable by clear and convincing evidence.
IV. Nothing in this section shall prevent property from being forfeited by plea agreement approved by the presiding criminal court or other agreement of the parties.
V. At the request of any party, the civil portion of the forfeiture proceeding may be stayed by the court.
Source.
2016, 329:2, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:2 - Libel.

617:2 Libel. –
The person making or directing a seizure pursuant to RSA 617:1 shall, without unnecessary delay, file a libel before a district court or a municipal court in towns and cities in which there is such court if the property does not exceed in value $500, and in other cases in the office of the clerk of the superior court, stating the cause and praying for a decree of forfeiture.
Source.
RS 212:2. CS 225:2. GS 249:2. GL 267:2. PS 258:2. PL 372:2. RL 432:2. 1951, 224:1, eff. Aug. 29, 1951.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:3 - Warrant.

617:3 Warrant. –
Upon the filing, before or after seizure, of a libel for a forfeiture, a warrant shall be issued to the proper officer, requiring him to take such property into his custody and to detain it until it is legally disposed of.
Source.
RS 212:3. CS 225:3. GS 249:3. GL 267:3. PS 258:3. PL 372:3. RL 432:3.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:4 - Notice.

617:4 Notice. –
Notice of the libel shall be given to the owner, if known; otherwise, a notice shall be published to all persons interested, to appear at the time and place appointed for trial, and to show cause why a decree of forfeiture should not be passed.
Source.
RS 212:4. CS 225:4. GS 249:4. GL 267:4. PS 258:4. PL 372:4. RL 432:4.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:4-a - Innocent Owner.

617:4-a Innocent Owner. –
In addition to any other remedy provided by law, any person claiming to be an innocent owner of property seized for purposes of forfeiture may petition the court, after 10 days from the date of seizure, for return of the property. No item or property interest shall be subject to forfeiture unless the alleged innocent owner thereof was a consenting party to the crime. This section shall not apply to property seized as evidence in a pending criminal investigation or prosecution.
Source.
2016, 329:3, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:5 - Sale.

617:5 Sale. –
If a person interested shall appear and claim the property, it may be sold by consent of the parties or upon examination and certificate of its perishable nature or of its being expensive to keep, as in case of sale of like property attached, unless it is provided by law that it shall be destroyed, or unless the court shall otherwise order.
Source.
RS 212:5. CS 225:5. GS 249:5. GL 267:5. PS 258:5. PL 372:5. RL 432:5.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:6 - Delivery to Claimant.

617:6 Delivery to Claimant. –
If the claimant requests it, the property may be appraised and delivered to him in the same manner as property attached, upon his giving bond to pay to the persons entitled thereto the appraised value thereof, and costs, in case a decree of forfeiture is made.
Source.
RS 212:6. CS 225:6. GS 249:6. GL 267:6. PS 258:6. PL 372:6. RL 432:6.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:7 - Trial.

617:7 Trial. –
The case may be tried by a jury, if in the superior court, upon the request of either party, otherwise by the court; and, the cause of forfeiture alleged being proved, the court or justice shall make a decree for the forfeiture and disposition of the property and a distribution of its proceeds according to law.
Source.
RS 212:7. CS 225:7. GS 249:7. GL 267:7. PS 258:7. PL 372:7. RL 432:7.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:8 - Costs.

617:8 Costs. –
Costs may be awarded to the libelant if a reasonable cause for seizure appears, in which shall be included the necessary expenses of the seizure, detention and sale of the property; otherwise, reasonable costs and damages shall be awarded to the claimant.
Source.
RS 212:8. CS 225:8. GS 249:8. GL 267:8. PS 258:8. PL 372:8. RL 432:8.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:9 - Appeal.

617:9 Appeal. –
An appeal may be claimed by either party from a decree made by a justice of a district court or municipal court in the same manner as in other civil actions, and like proceedings may be had therein as in the case of libels originally filed in the superior court.
Source.
RS 212:9. CS 225:9. GS 249:9. GL 267:9. PS 258:9. PL 372:9. RL 432:9.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:10 - Order for Destruction.

617:10 Order for Destruction. –
The court, unless otherwise specially provided, may order that any property which has been forfeited shall be destroyed, whenever the public good requires it, and it may direct how and by whom it shall be done.
Source.
PS 258:10. PL 372:10. RL 432:10.
2023 New Hampshire Revised Statutes › Title LX - Correction and Punishment › Chapter 617 - Forfeitures of Personal Property › Section 617:11 - Disposition of Property and Proceeds.

617:11 Disposition of Property and Proceeds. –
I. Notwithstanding any other provision of law, at any time when unclaimed property or contraband held for evidentiary purposes is no longer needed for that purpose, the court may order the state to deliver any unclaimed property, other than currency, to the commissioner of the department of administrative services, to deliver any currency to the state treasurer, and to destroy any contraband within 30 days.
II. If the forfeiture is granted, the court may order the state to deliver any currency to the state treasurer and any other property to the commissioner of the department of administrative services within 30 days. The commissioner of the department of administrative services shall dispose of the forfeited property at public auction.
III. Upon motion, the court may order that a portion of the currency seized or proceeds from public auction be used to pay reasonable nonpersonnel expenses of the seizure, storage, and maintenance of custody of any forfeited items.
IV. The auction proceeds and forfeited currency shall be forwarded to the state treasurer and shall be used first to pay all outstanding recorded liens on the forfeited property, then to comply with an order of the court to pay reasonable nonpersonnel expenses, with all remaining funds to be deposited into the drug forfeiture fund.
Source.
2016, 329:4, eff. Jan. 1, 2017.