Latest news with #HouseBill592
Yahoo
20-03-2025
- Politics
- Yahoo
Senate unanimously passes bail reform rollback bill, sending it to Ayotte's desk
The New Hampshire Senate holds session March 20, 2025. (Photo by Ethan DeWitt/New Hampshire Bulletin) The New Hampshire Senate unanimously passed a bill to roll back portions of the state's 2018 bail reform law Thursday, sending the measure to Gov. Kelly Ayotte, who has championed the bill and is expected to sign it. House Bill 592 passed the Senate, 24-0. The bill requires that people charged with a list of serious offenses be held behind bars until they can be arraigned by a court, eliminating the opportunity to be released by bail commissioners. The bill also repeals the newly created magistrate system, in which three attorneys trained and appointed by the judicial branch were allowed to set bail in cases where judges are not available. And the bill changes the standard by which people charged with serious offenses can be denied bail. The current standard requires that there be 'clear and convincing evidence' that a person is a danger to themselves or to others; the new standard requires only that there be probable cause that the person poses that danger. The new standard also makes it a rebuttable presumption that a defendant who has failed to appear or violated bail on past charges will do so again, making it easier to hold those defendants without bail too. New Hampshire's 2018 bail reform law was intended to reduce the number of people held ahead of their trial solely because they cannot afford bail. But police departments and Republican politicians have criticized it, arguing it has tied the hands of judges and bail commissioners, and allowed people to more easily be released and reoffend. Ayotte, who campaigned in part on a promise to crack down on crime, has criticized the 2018 law, as well as a 2024 'compromise law' that created the magistrate system. On Thursday she praised the passage of HB 592. 'I am grateful that the Senate voted today to end the failed experiment of bail reform in our state,' Ayotte said. '… I look forward to signing this into law to shut the revolving door for criminals once and for all.' Senate Republicans said the rollback was necessary to stop defendants from taking advantage of the bail reform law. 'This change in 2018 inadvertently created a catch-and-release program in our state, which has resulted in repeat and violent offenders going on to commit violent acts while out on bail,' said Sen. Victoria Sullivan, a Manchester Republican. 'No person should be held simply because they are too impoverished to pay their bail. All people are innocent until proven guilty. However, there is a clear pattern of systemic abuse of this bail reform law, which is endangering our citizenry.' Senate Democrats supported the bill alongside Senate Republicans Thursday, in contrast to House Democrats, who largely voted against the bill earlier this month. Democrats and civil rights groups including the American Civil Liberties Union of New Hampshire argued that the bail laws have worked — pointing to the falling violent crime rate in the state and drop in incarceration — and said tightening the bail laws could mean people who are innocent could lose their jobs if held behind bars ahead of their trial. But Sen. Debra Altschiller, a Stratham Democrat, said while she and other Democrats supported the bill for tightening the bail restrictions, she had concerns about the impact of rolling back magistrates. 'While we Democrats would have preferred a compromise that provided more time to develop and support the magistrate system, it is clear that there was never any appetite for that,' she said. 'We know that this bill puts a larger pressure back onto the courts and our county jails with no funding attached.'
Yahoo
15-03-2025
- Health
- Yahoo
NM Legislative Recap March 14: The rise of the zombie bills
A bolo tie that will not be a contender for 'Best Bolo' between lawmakers on Saturday, March 15. (Danielle Prokop / Source NM) You might have noticed bills with the same all-caps title floating around: 'PUBLIC PEACE, HEALTH, SAFETY & WELFARE.' Committee chairs and legislative leaders introduce generic-titled bills that contain a title, and the phrase 'Be it enacted by the Legislature of the state of New Mexico' — until they don't. Lawmakers can substitute that generic language for entirely new bills, (even though the deadline for introduction is the session's midway point) or tabled legislation, to give the bills another shake at moving through the Roundhouse. So far, legislators have introduced 80 'dummy' bills, though we've only found nine that have been replaced with actual legislation. Read below about a few of those zombie bills. The chart above shows you all nine. Let us know at Info@ if any of them are of particular interest to you as we head into the final week of the session. House Bill 588 mirrors Senate Bill 24, which would require all public works construction projects to contribute to public apprentice and training programs. SB24 passed its first committee, but stalled in Senate Finance, according to the legislature's bill tracker. House Transportation, Public Works and Capital Improvements tabled HB588 this week. House Bill 592 increases the annual income cap for the Social Security Tax exemption by $20,000 for the next five years, and then eliminates the cap in 2031. The House Consumer and Economic Affairs hasn't scheduled the bill for a hearing yet. House Bill 593 includes provisions to increase rural health care practitioner health credits, institute medical school loan forgiveness and add caps to medical malpractice lawsuits. The House Health and Human Services Committee on Friday morning tabled HB593 in a 5-4 party-line vote. House Bill 618 mirrors Senate Bill 217, which would remove oversight of IT purchases and contracts from the duties of the secretary of the Department of Information. SB217 passed its first committee, but is not scheduled for an upcoming hearing in Senate Tax, Business and Transportation. The House Government, Elections and Indian Affairs Committee on Friday morning passed HB618. And make sure to peruse the status of all 1,300 or so pieces of legislation introduced so far this session with Source's bill tracker. SUPPORT: YOU MAKE OUR WORK POSSIBLE The House Health and Human Services Committee passed Senate Bill 53, which would amend the Professional Psychologist Act to include allopathic and osteopathic physicians, nurse practitioners and clinical nurse specialists to the list of prescribing psychologists; Senate Bill 45, which would amend the Indigent Hospital and County Health Care Act to allow coverage for premium and out-of-pocket costs; Senate Bill 105, which would allow New Mexico to join the Social Work Licensure Interstate Compact; Senate Bill 118, which would require the Motor Vehicles Division to create materials explaining how to apply to be an organ donor and distribute to state agencies; House Memorial 53, which would require the Department of Health and the Aging and Long-Term Services Department to update material on Alzheimer's disease and related diseases; seek federal funding for updating dementia-related public health programs; and create a report for the Legislative Council and governor; House Memorial 56, which would recognize May as 'National Maternal Mental Health Awareness Month;' and House Memorial 29, which would require the Legislative Health and Human Services Committee to review driving rules for people with diabetes during the 2025 interim session and develop legislation updating driver's license requirements for people with diabetes. The House Education Committee passed Senate Bill 11, which would require local school districts to adopt policies for student cell phone use with guidelines from the Public Education Department. The committee also voted to table Senate Bill 242, the Advancing the Science of Reading Act, introduced by President Pro Tempore Mimi Stewart (D-Albuquerque). The committee debated the bill last week and agreed to roll it while amendments were considered. House Education Committee Chair G Andrés Romero (D-Albuquerque) said last week that he couldn't promise the bill would be scheduled for a hearing again. One of the big sticking points was over using student outcomes to determine how successful teacher preparation programs are in preparing teachers to use structured literacy. 'I guess that's the concern, is that we're utilizing those students in this teacher's classroom for those three years as a way to evaluate those educator prep programs, and I'm concerned about that,' Romero said. The House Government, Elections and Indian Affairs Committee passed Senate Bill 299, which would require the Secretary of State to notify the governor, presiding officer of the chambers and the county commissioners within five days of a legislative vacancy in their area; House Bill 292, which would distribute 8% of the general fund's gross receipts tax collection to the newly created all cities and counties fund; House Bill 456, which would allow state agencies to use a price agreement for architectural or engineering services up to $2 million, not exceeding $15 million over four years; Senate Bill 353, which would amend the Search and Rescue Act establishing response protocols for federal, state, local and tribal agencies when New Mexico Search and Rescue is called to assist in emergencies; House Bill 570, which would amend the Prior Authorization Act of the Insurance Code to restrict prior authorization for chemotherapy, dialysis, elder care and home health care services, as well as for prescribed diabetes and high blood pressure medications; House Bill 618, a dummy bill that would clarify the role of Department of Information when approving information technology projects conducted by state agencies; Senate Bill 507, which would amend the Concealed Handgun Carry Act to create qualifications, licensing procedures and renewal requirements for concealed handgun licenses; and Senate Bill 63, which would describe how the New Mexico state flag is to be retired when no longer used, such as by burning, a private ceremony or public ceremony held by military personnel or a patriotic society. The House Taxation and Revenue Committee passed House Bill 14, which would effectively eliminate the state income tax for about 20,000 families. The Senate Rules Committee passed House Bill 84, which would enact the Employee Free Speech Act. The Senate Finance Committee passed Senate Bill 401, the Broadband for Education bill, which among other facets would move the Statewide Education Network from the Public School Facilities Authority Office of Broadband Access and Expansion. 'We are pleased that the Finance Committee understands the significance of this bill and what it will mean for broadband expansion on the education front,' OBAE Acting Director said in a statement. Senate Finance also passed House Bill 181, House Bill 218 and Senate Bill 535, a dummy bill. The Senate Education Committee passed House Bill 532, House Bill 487, House Bill 67 and House Bill 65. The Senate Tax, Business and Transportation Committee passed House Bill 339, Senate Bill 96, House Bill 91, House Bill 357, House Bill 223, House Bill 228, House Bill 220, House Bill 174, House Bill 171, House Bill 154, House Bill 191, House Bill 160, House Bill 99, House Bill 93 and House Bill 56. The House of Representatives debated House Bill 17 for three hours before passing the bill, which would create a commission to study grocery prices and propose ways to lower consumer costs for essential household foods. The chamber also passed House Bill 76, which would require hospitals and other institutions to screen newborn children for congenital cardiac conditions; House Bill 372, which would increase the weight limit for recreational off-highway vehicles, and allow drivers under the age of 18 to carry a passenger if they are properly licensed and supervised; House Bill 7, which would would establish a trust fund for children born in New Mexico after Jan. 1, 2025; and House Bill 571, which would create a program and certification process under the Department of Finance and Administration to acknowledge municipalities that adopt strategies that increase housing affordability and accessibility. After lengthy debate, the Senate passed House Bill 5, which would create the Office of the Child Advocate to oversee the Children Youth and Families Department. The Senate Health and Public Affairs Committee was expected to meet at 5:45 p.m. on Friday night. The Senate will meet at noon on Saturday. Senate Majority Floor Leader Peter Wirth (D-Santa Fe) said he also expects the Senate to meet on Sunday. The Senate Tax, Business and Transportation Committee will meet at 9 a.m. on Saturday. The Senate Conservation Committee will meet at 9 a.m. on Saturday. The Senate Judiciary Committee will meet after the floor session on Saturday. The Senate Finance Committee will meet on Saturday morning, around 9:30 or 10 a.m., Chair George Munoz said. The Senate will hold a bolo tie contest on Saturday, Sen. Bobby Gonzales (D-Rancho de Taos) said. The prize will be one of the bolo ties from his collection, he said. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
12-03-2025
- Politics
- Yahoo
Ayotte and opponents make final pitches on bill to roll back bail reform law
Gov. Kelly Ayotte speaks at a press conference to urge the passage of House Bill 592, which would undo large parts of a 2018 bail reform law, Wednesday, March 12, 2025. (Photo by Ethan DeWitt/New Hampshire Bulletin) Advocates on both sides of New Hampshire's bail law debate have waged competing influence campaigns ahead of a pivotal House vote Thursday on a bill to roll back the state's 2018 bail reform laws. House Bill 592, supported by Gov. Kelly Ayotte, would tighten the standards for determining bail for people who are arrested, and would eliminate a magistrate system created last year intended to allow bail hearings on weekends. That would undo much of what passed in 2018 in a bill intended to reduce the number of people held in jail the ability to pay bail. For people charged with a series of violent offenses, the bill would require courts to find whether there is 'probable cause' that they are a danger to themselves or others, or that they are likely not to appear at future court hearings. Currently the standard for dangerousness is 'clear and convincing' evidence. The bill received a recommendation of 'ought to pass' from the House Criminal Justice and Public Safety Committee in late February, but it will need a majority approval vote from the full House Thursday to advance to the Senate. One influential libertarian group, the New Hampshire Liberty Alliance, has called on representatives to vote it down. On Wednesday, Ayotte held a press conference packed with state police, local police officers, lawmakers, and county attorneys, urging the Legislature to pass the bill. An amendment recommended by the committee last month aligns the bill to Ayotte's own proposed bail law in her budget trailer bill. 'The 2018 law — it came from a national movement,' Ayotte said. 'And what happens sometimes is these national movements don't fit our state. And I think that's what happened here.' Speaking to reporters, Ayotte said she is recommending eliminating the magistrate system because inserting non-judges into the bail process created more issues than it solved. She argued the positions, which were intended to help accused people obtain bail certainty on weekends, are not necessary. 'In my experience as a prosecutor, judges do work weekends. I've been to many judges' houses in the middle of the night to get a search warrant,' she said. The press conference came a week after Manchester Mayor Jay Ruais penned a letter to lawmakers in support of the law with seven other mayors, including Paul Callahan of Rochester; Robert Carrier of Dover; Byron Champlin of Concord; Robert Cone of Berlin; Dale Girard of Claremont; Jay Kahn of Keene; and Desiree McLaughlin of Franklin. 'Like many municipalities, we have vacancies in our police departments that make an already trying job more difficult,' the letter stated. 'This problem compounds itself when criminals cycle through a process of arrest and release, only to be arrested again.' But critics of the law say it will make it far too easy — and likely — for courts to hold people in jail ahead of their trials. That change, they say, could increase the state's incarceration rate and cause people to lose employment or custody of their children even if they are later proven innocent. 'This is a criminal legal reform issue that keeps people from immediately being held in jail after being arrested because they cannot afford to pay bail, or because they were arrested on a Friday night and now need to wait until Monday, or because they haven't been able to address tickets or pay fines, et cetera,' said Amanda Azad, policy director at the New Hampshire ACLU, which is recommending representatives vote no. 'So if people are deemed dangerous or not deemed dangerous, they shouldn't be incarcerated before they've even been convicted or had a trial.' The Liberty Alliance is also seeking to encourage no votes. The group publishes a document known as the 'Gold Standard' ahead of House voting session days, in which the group lays out recommendations for how its members should vote on certain bills. In this week's document, members of the Liberty Alliance are recommended to vote against the bill. 'This bill does many things that are bad for civil liberties,' the document states, citing the elimination of the magistrate system and the change of the standard of proof to hold defendants as among the problems. Asked Wednesday his reaction to the Liberty Alliance's recommendation, House Majority Leader Jason Osborne, an Auburn Republican, said he was confident HB 592 would pass on Thursday 'The governor was very gracious and gave us a lot of time to try to negotiate with all of our members about all of their concerns,' he said. 'At the end of the day, not every word in the bill that came out of the committee is to every member's liking, but I do believe that Republicans as a whole will stand behind the product that was produced.'
Yahoo
11-03-2025
- Politics
- Yahoo
Ayotte vows to put muscle into effort to roll back bail law, repeal magistrates
Repealing the magistrates — who have been appointed to five-year terms — could have financial repercussions, the New Hampshire Judicial System warned in a fiscal note attached to HB 592. (Photo by) Three months after a 2024 bipartisan bail reform law took effect, New Hampshire Republicans, including Gov. Kelly Ayotte, are seeking to roll back large parts of it. But finding consensus on how to do so could be complicated — and a test of Ayotte's legislative influence. Some lawmakers are pushing for major changes; others, including Democrats, are hoping to preserve the system as is. In addition to a number of tweaks to the state's bail system, the 2024 law created three magistrates – trained attorneys empowered to hold arraignments and set bail terms for defendants who can't get before a judge within 24 hours of their arrest. Those magistrates started hearing cases Jan. 1. Ayotte and others had been skeptical of the magistrates since then-Gov. Chris Sununu signed the bill in 2024. But a February decision by one of the new magistrates to grant bail to a person accused of stabbing another person with a knife has galvanized the governor and other bail reform opponents. Now, they are calling to end the new system. 'Send me legislation to fix this once and for all,' Ayotte said to lawmakers in her Feb. 13 budget address, referring to that decision. House Bill 592 is one vehicle to do that. Sponsored by Rep. Ross Berry, a Weare Republican and longtime critic of the original 2018 bail reform law, HB 592 would repeal the magistrate system entirely and instead require people who are arrested to be seen before a judge in a circuit court or superior court within 24 hours of that arrest — with weekends excluded. The bill would extend that mandatory trial period to 72 hours for people arrested while on release pending trial for another felony or misdemeanor. And it would give judges broad tools to require the defendant to provide cash bail in order to ensure their future appearance in court. Democrats and civil rights advocates say the effort is unnecessary, and have raised issues with the example from Manchester, noting that higher courts have upheld the magistrate's decision to release that defendant, and pointing to the existence of self-defense claims. Supporters of the 2024 law say the magistrate system allows people who are arrested to be seen in front of trained officers of the court — magistrates — in order for them to get bail on weekends and evenings when courts are closed. The magistrates are meant to augment the existing bail commissioner system, in which commissioners make quick decisions over whether to release someone ahead of their arraignment before a judge; instead, a magistrate can simply hold that arraignment. But Berry argues that system has failed because too many dangerous people have been released who might not have been with tougher bail requirements. '(Personal recognizance) bail has been basically an adamant failure,' he said at a hearing. 'We do finally have something that will put an end to this.' Repealing the magistrates — who have been appointed to five-year terms — could have financial repercussions, the New Hampshire Judicial System warned in a fiscal note attached to HB 592. 'This change will increase the number of bail commissioner fees required and necessitate judges to cover hearings during regular court hours that magistrates would have otherwise overseen,' the analysis reads. 'A judge's salary and benefits are twice those of a magistrate. With three magistrates being hired, trained, and starting their five-year terms on January 1, 2025, the Judicial Branch recommends that, if the legislature intends to eliminate the magistrate position, it should be phased out at the end of the current magistrates' five-year term.' And Democrats say it is premature. 'It is disappointing to have spent so much time really carefully making adjustments to our bail process that haven't been given the time of day to fully work or not work yet,' said Rep. Alissandra Murray, a Manchester Democrat. HB 592 is moving to the House floor on Thursday after a party-line, Republican-led recommendation of 'ought to pass' by the House Criminal Justice and Public Safety Committee last month. But the committee added additional requirements. An amendment from the Republican committee majority would make it a 'rebuttable presumption' that an arrested person who violated a condition of their bail after a previous arrest 'will not abide by bail conditions,' and requires the court or bail commissioner to hold them after their arrest. The defendant could then present evidence at the bail hearing to try to refute that presumption and prove they will adhere to their bail. 'We have heard from the people of Manchester that they request that our bail bills be tightened, that too many people were getting out,' said Rep. Terry Roy, a Deerfield Republican and the chairman of the House Criminal Justice and Public Safety Committee. 'Whether or not that is the case, it is the public perception that it is.' Committee Republicans also added the requirement that a person who is charged with a list of serious felonies and offenses be detained before their arraignment. The amendment aligns the bill with language in Ayotte's budget trailer bill, House Bill 2. 'I think it's a strong proposal, because it's my proposal, so that helps,' Ayotte said during a Feb. 26 press conference, reacting to the committee vote. Democrats on the committee have objected to the attempt to repeal magistrates, and have put forward a proposal of their own to clarify how bail should be decided. A proposed amendment to HB 592 by Democrats would require magistrates and judges to consider a defendant's prior convictions — including for violent crimes — and pending felony charges when deciding whether there is 'clear and convincing evidence that they would be a danger to themselves or others if released. But the amendment would also require courts and magistrates to consider the defendant's employment situation, status as a single parent, and status as a sole income producer for dependents. The competing ideas underscore a longstanding reality for bail bills in New Hampshire: Proposing them is easier than passing them. A libertarian streak among some House Republicans has upended previous Senate Republican efforts to roll back the 2018 bail law. The bill signed by Sununu in 2024, House Bill 318, was meant to be a final compromise in the effort. Ayotte said she is prepared to add legislative pressure. 'I'm going to be pushing this bill,' she said Feb. 26. '…I will be making calls — myself and my staff — to talk to any members to answer questions about this bill, because I think it's really important for public safety.'
