New Hampshire HB 1547: relative to per fluorinated chemical remediation in soil and procedures for certain hazardous waste generators.

Bill Text

HB 1547-FN - AS INTRODUCED

2026 SESSION

 26-2793

 09/06

HOUSE BILL 1547-FN

AN ACT relative to appeals from convictions in circuit court for certain offenses.

SPONSORS: Rep. Johnson, Straf. 11; Rep. Potenza, Straf. 19; Rep. Gregg, Hills. 7; Rep. Burnham, Straf. 2; Rep. Kuttab, Rock. 17; Rep. Selig, Straf. 10; Rep. Bjelobrk, Graf. 5; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Manos, Rock. 12; Sen. Sullivan, Dist 18

COMMITTEE: Judiciary

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ANALYSIS

 This bill requires a defendant charged with certain offenses to elect whether to proceed in circuit court and waive his or her right to a jury trial or to immediately appeal to superior court for a jury trial.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2793

 09/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to appeals from convictions in circuit court for certain offenses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Misdemeanor Sexual Assault Prosecutions. Amend RSA 632-A:9-a to read as follows: 

 632-A:9-a Misdemeanor Sexual Assault Prosecutions [with Victim Less Than 18 Years of Age]. 

 I. In any prosecution for a violation of RSA 632-A:4 [involving a victim less than 18 years of age at the time the prosecution is commenced, and] which is brought in the circuit court, the defendant may elect to either: 

 (a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or 

 (b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1. 

 II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial. 

 2 New Section; Assault Prosecutions. Amend RSA 631 by inserting after section 2-b the following new section: 

 631:2-c Assault Prosecutions. 

 I. In any prosecution for a violation of RSA 631:2-a or 631:2-b, which is charged as a class A misdemeanor in the circuit court, the defendant may elect to either: 

 (a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or 

 (b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1. 

 II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial. 

 3 New Paragraph; Stalking; Prosecutions. Amend RSA 633:3-a by inserting after paragraph VIII the following new paragraph: 

 IX.(a) In any prosecution for a misdemeanor violation of this section in the circuit court, the defendant may elect to either: 

 (1) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of rule of criminal procedure 21(a); or 

 (2) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1. 

 (b) A circuit court shall not proceed with a trial under subparagraph IX(a)(2) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial. 

 4 District Courts; Appeals from Sentence. Amend RSA 502-A:12, I to read as follows:

 I. A person sentenced by a district court for a class A misdemeanor after trial or after proceedings pursuant to Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX. 

 5 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows:

 599:1 Appeals. – Except as provided in RSA 631:2-c, 632-A:9-a, and 633:3-a, IX a person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended