Bill > HB1422

This bill modifies the existing law regarding petitions for new trials by extending the time limit for filing such petitions and establishing specific conditions under which the standard three-year time limit can be waived. Specifically, the bill allows petitioners in criminal cases involving felonies or class A misdemeanors to file a new trial petition beyond the three-year limit if they are currently incarcerated, under sentencing terms, or experiencing collateral sentencing consequences, and can provide newly discovered evidence that specifically alleges their innocence. The bill defines "newly discovered evidence" as including evidence that can be subjected to new forensic testing, new scientific understanding, or evidence unavailable at the time of the original trial. The court must first determine if the petition makes a prima facie showing before granting a hearing, and if so, may appoint counsel to investigate the petition's merits. Additionally, the bill requires the state to reactivate victim services upon request during the reinvestigation and proceedings. The bill is set to take effect on January 1, 2027, and explicitly states that it does not supersede existing standards for granting a new trial motion or DNA evidence procedures.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1557&inflect=2