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SB 48 · 2025 · Senate · Judiciary Committee

Dismiss charges for incompetent defendants

AI-generated

relative to competency to stand trial for certain offenses.

Allows dismissal of certain class B misdemeanor and violation-level offenses when a defendant is found not competent to stand trial, without requiring an attempt at competency restoration.AI-generated

Status

Killed in the Senate — Inexpedient to Legislate · March 6, 2025
  1. ✓Introduced
  2. ✕Senate
  3. House
  4. Governor
  5. Law

Analysis

This bill allows for the dismissal of certain class B misdemeanor and violation-level offenses when a defendant is found not competent, without attempting restoration.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site

“If the court finds, by clear and convincing evidence, that the defendant cannot be restored to competency within 12 months, the case against the defendant shall be dismissed without prejudice and the court shall proceed as provided in paragraph V.”
Section 2
“I-a.(a) When a defendant is found not competent to stand trial and is charged solely with violation or class B misdemeanor offenses, except any misdemeanor that involves an act of violence or threat of violence as those terms are defined in RSA 625:9, VII, or a misdemeanor under RSA 633:3-a, RSA 639:3, RSA 644:4, or RSA 644:9, the court may dismiss the charges with prejudice.”
Section 2
“A motion to dismiss charges under this paragraph may be made by the prosecution, the defendant, or the court.”
Section 2
“All dismissals shall be made at the court’s discretion and shall consider the best interest of the defendant, the public, and any alleged victims.”
Section 2

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Pat LongDPrime

Rep. Mark PearsonR

Public testimony

No one submitted online testimony on this bill. See the record

Votes

yeanay
Starting text: Bill as introduced
  • Mar 6, 2025SenateCommittee report: Inexpedient to Legislate4–0
    Overall
    100% yea
  • Mar 6, 2025SenateVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Feb 4, 2025Public hearingSenate Judiciary16:29–20:494m 20slocated in the stream transcriptHearing
  • Mar 6, 2025Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Inexpedient to Legislate; Inexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 9, 2025SenIntroduced 01/09/2025 and Referred to Judiciary; SJ 3
  2. Feb 4, 2025SenHearing: 02/04/2025, Room 100, SH, 01:15 pm; SC 8
  3. Mar 6, 2025Sen: Inexpedient to Legislate, 03/06/2025, Vote 4-0, CC; SC 11
  4. Mar 6, 2025SenInexpedient to Legislate, MA, VV === BILL KILLED ===; 03/06/2025; SJ 6

Coverage

No reporting linked yet.

Documents (PDF)

  • Introducedversion

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.