Vote Smart's Synopsis:

Vote to override a veto of a bill that authorizes additional time to petition for a new trial in certain circumstances in New Hampshire.

Highlights:

• Authorizes a petition for a new trial to be filed more than 3 years after judgement if the petitioner was convicted of a felony or class A misdemeanor and is currently incarcerated, under sentence, or subject to collateral consequences (Sec. 1). 

• Requires that petitions filed after the 3-year deadline specifically allege the existence of newly discovered evidence and a claim of innocence (Sec. 1). 

• Defines “newly discovered evidence” as evidence subject to new or additional forensic testing, new scientific understanding, or evidence that was unavailable at the time of trial but is available when the petition is filed (Sec. 1). 

• Requires the court to determine if a petition makes a prima facie showing of eligibility before granting a hearing (Sec. 1). 

• Requires the court to appoint counsel for indigent petitioners if a prima facie case is established and a hearing is granted (Sec. 1). 

• Authorizes a court to dismiss a petition for a new trial if it is duplicative of a prior petition that has already received a final ruling (Sec. 1). 

• Requires the state, upon request, to reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation and the pendency of the proceedings (Sec. 1). 

• Specifies that this act takes effect January 1, 2027 (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to override a veto of a bill that authorizes additional time to petition for a new trial in certain circumstances in New Hampshire.

Highlights:

• Authorizes a petition for a new trial to be filed more than 3 years after judgement if the petitioner was convicted of a felony or class A misdemeanor and is currently incarcerated, under sentence, or subject to collateral consequences (Sec. 1). 

• Requires that petitions filed after the 3-year deadline specifically allege the existence of newly discovered evidence and a claim of innocence (Sec. 1). 

• Defines “newly discovered evidence” as evidence subject to new or additional forensic testing, new scientific understanding, or evidence that was unavailable at the time of trial but is available when the petition is filed (Sec. 1). 

• Requires the court to determine if a petition makes a prima facie showing of eligibility before granting a hearing (Sec. 1). 

• Requires the court to appoint counsel for indigent petitioners if a prima facie case is established and a hearing is granted (Sec. 1). 

• Authorizes a court to dismiss a petition for a new trial if it is duplicative of a prior petition that has already received a final ruling (Sec. 1). 

• Requires the state, upon request, to reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation and the pendency of the proceedings (Sec. 1). 

• Specifies that this act takes effect January 1, 2027 (Sec. 2).

Full Bill Text

Vetoed by Governor Kelly Ayotte