New HampshireHB5922025-2026 Regular SessionHouse

relative to magistrates and the standards applicable to and the administration of bail.

Sponsored By: Ross Berry

Signed by Governor

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 4 benefits, 2 costs, 2 mixed.

Bail hearing rights and misdemeanor release

People charged with probation violations get a bail hearing, except as provided in RSA 597:1-d. While awaiting the violation hearing, the court must order release, release with conditions, or detention. People charged with Class B misdemeanors must be released on their promise to return until arraignment, unless release endangers anyone. If someone cannot afford a lawyer and is denied release, the court must appoint one for the misdemeanor detention hearing.

Faster court appearances and detention reviews

Arrested people must reach Circuit or Superior Court without unreasonable delay and within 24 hours, excluding Saturdays, Sundays, and holidays. The law removes the former 36-hour exception when a lawyer could not attend certain arraignments. Circuit Court detainees get a hearing within 36 hours after requesting reconsideration of detention. Superior Court must decide a fresh review within 36 hours after an appeal; both review deadlines exclude weekends and holidays. Superior Court review of a district court danger finding requires notice to both parties, the charging police department, and the victim. The court must hold a hearing, consider the lower court's records, and make written findings supporting changes to bail conditions.

Longer detention for release rule violations

People arrested for alleged offenses committed while on qualifying release, probation, or parole can be held up to 72 hours. Saturdays, Sundays, and holidays do not count; the probation and parole rules have an exception under RSA 597:1-d, III. If the responsible official does not take custody in time, ordinary release-pending-trial rules apply. Separately, the deadline for a bail revocation hearing increases from 24 to 48 hours after detention, excluding Saturdays, Sundays, and holidays. That rule covers arrests under a warrant for a release violation or when an officer witnesses a breach.

Clearer bail orders and legal access

Courts must give released people a clear written list of every release condition and the law against intimidating witnesses and informants. A bail no-contact order does not stop defense lawyers from contacting lawyers for protected people. When both people are parties in a domestic-violence or marital case, the order does not bar attending that case's hearings. It also does not bar exchanging court papers filed in that case.

Courts can consider sole caretaker parents

Courts can consider family needs when a parent remains detained because they cannot meet release conditions or post bond. The parent must be the child's sole caretaker. Courts can consider whether detention makes the child the responsibility of the Division for Children, Youth and Families. This does not guarantee release.

Courts scrutinize property offered for bail

Courts can investigate the source of property offered as bail collateral or pledged for forfeiture if someone misses court. They must investigate when the state requests it. Courts must reject property whose source means it will not reasonably ensure the defendant returns to court. The law also repeals the cash-bail provision in RSA 597:7-a, I-b; the supplied text does not explain its practical effect.

Magistrates end as court training changes

The law repeals the statute creating magistrates and their related appropriation, and removes magistrates from training and bail laws. It establishes a Judicial Training Coordinator under the Chief Justice, with the position filled by July 1, 2025. Initial and continuing training requirements apply only to judges and nonjudicial court employees hired on or after that date. Initial training covers court procedures and law, plus at least one hour each on ethics, implicit bias, mental health, and domestic violence. The act takes effect 180 days after passage.

Stricter detention rules for danger cases

People charged with violating protective orders under RSA 173-B or RSA 633:3-a must be held without bail until arraignment. For offenses listed in RSA 173-B:1, I and specified protective-order violations, courts can also order detention without bail. That decision requires clear and convincing evidence that the person poses a danger to someone else. Courts can instead order strict release conditions, including electronic monitoring and supervision. They can consider conduct such as threats, stalking, and violence toward pets.

Sponsors & Cosponsors

Sponsor

  • Ross Berry

    Affiliation unavailable

Cosponsors

  • Brian D Cole

    Republican • House

  • Mike Bordes

    Republican • House

  • Steven Kesselring

    Republican • House

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. Signed by Governor Ayotte 03/25/2025; Chapter 3; eff. 9/21/25

    3/26/2025House
  2. Enrolled (in recess of) 03/20/2025 HJ 10 P. 35

    3/24/2025House
  3. Special Order to the Beginning of the Regular Calendar, Without Objection; 03/20/2025; SJ 8

    3/20/2025Senate
  4. HB 592-FN was Removed from the Consent Calendar; 03/20/2025; SJ 8

    3/20/2025Senate
  5. Enrolled Adopted, VV, 03/20/2025 SJ 8

    3/20/2025Senate
  6. Ought to Pass: RC 23Y-0N, MA; OT3rdg; 03/20/2025; SJ 8

    3/20/2025Senate
  7. Committee Report: Ought to Pass, 03/20/2025; Vote 5-0; CC; SC 14

    3/18/2025Senate
  8. Hearing: 03/18/2025, Room 100, SH, 02:00 pm; SC 14

    3/14/2025Senate
  9. Introduced 03/13/2025 and Referred to Judiciary; SJ 7

    3/14/2025Senate
  10. Referral Waived by Committee Chair per House Rule 47(f) 03/13/2025 HJ 8 P. 88

    3/13/2025House
  11. Referred to Finance 03/13/2025 HJ 8 P. 33

    3/13/2025House
  12. Ought to Pass with Amendment 2025-0448h 2025-0940h: MA DV 204-175 03/13/2025 HJ 8 P. 33

    3/13/2025House
  13. Lay HB 592 on Table (Rep. N. Germana): MF DV 177-202 03/13/2025 HJ 8 P. 33

    3/13/2025House
  14. FLAM # 2025-0940h (Rep. Roy): AA DV 206-173 03/13/2025 HJ 8 P. 32

    3/13/2025House
  15. FLAM # 2025-0939h (Rep. Scherr): AF DV 171-209 03/13/2025 HJ 8 P. 31

    3/13/2025House
  16. Amendment # 2025-0448h: AA DV 209-167 03/13/2025 HJ 8 P. 29

    3/13/2025House
  17. Minority Committee Report: Ought to Pass with Amendment # 2025-0596h

    3/3/2025House
  18. Majority Committee Report: Ought to Pass with Amendment # 2025-0448h 02/28/2025 (Vote 9-7; RC)

    3/3/2025House
  19. ==CONTINUED== Executive Session: 02/26/2025 10:00 am LOB 202-204

    2/20/2025House
  20. ==RECESSED== Executive Session: 02/21/2025 10:00 am LOB 202-204

    2/12/2025House
  21. Public Hearing: 01/29/2025 02:00 pm LOB 202-204

    1/22/2025House
  22. Introduced (in recess of) 01/09/2025 and referred to Criminal Justice and Public Safety HJ 3 P. 17

    1/16/2025House

Bill Text

  • Enrolled

    3/20/2025

  • Introduced

    1/16/2025

  • CHAPTERED FINAL VERSION

  • Version adopted by both bodies

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