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Committee adopts changes to bail law including 36-hour hold and lower standard for some cases; amendment and bill pass 9-7
Summary
A House committee approved an amendment to a bail-related bill that increases the pre-hearing hold in some cases to 36 hours (excluding weekend time) and changes the evidentiary standard in some instances from clear-and-convincing to probable cause; the amendment and the bill passed the committee by 9-7 votes.
A New Hampshire House committee adopted an amendment to House Bill 592 and voted 9-7 to pass the bill as amended during an executive session. Committee members described the amendment as tightening bail policy in response to public concern and requests from executive-branch offices.
Committee leadership said the amendment was drafted with input from the governor's office and was meant to "tighten these" bail provisions that some members of the public had requested be strengthened. Debate focused on whether the changes were premature given recent bail reforms that took effect on Jan. 1.
Representative Muse argued against rushing changes and described concrete impacts of the amendment: "...in this amendment... people will be able to be held for 36 hours instead of 24 hours, without a hearing. They'll be able to be held over the weekend, and it won't count against those 32 hours... This amendment actually excludes that time. The other thing that this amendment does is it changes the standard of evidence from clear and convincing evidence, to probable cause." Another member said the 36-hour provision applies only to charges on a list of the most serious offenses and does not affect the majority of cases handled by bail commissioners.
After debate the committee adopted the amendment by roll call; the chair announced "9 7. The motion to adopt the amendment is passed. The amendment is adopted." The committee then voted 9-7 to pass the bill as amended; the chair announced, "9 7. The motion carries the bill as adopted." A member said they would prepare a minority report.
Votes at a glance - Amendment adoption: 9 yes, 7 no (chair reported). - Final passage (as amended): 9 yes, 7 no (chair reported).
What the amendment does and why it matters Committee members said the amendment extends the maximum pre-hearing hold in certain serious cases from 24 to 36 hours and excludes weekend time from the calculation for those holds. The amendment also lowers the evidentiary standard in such cases from clear-and-convincing evidence to probable cause, a change critics said narrows judicial safeguards. Supporters said the changes target the most serious offenses and do not alter bail-commissioner procedures that handle most cases.
Next steps The bill passed the committee and will proceed in the legislative process; one member announced plans to draft a minority report.
