relative to witness fees in criminal cases.
The bill adjusts and clarifies compensation for witnesses in New Hampshire criminal cases, including fees and reimbursable expenses for subpoenaed testimony.
The bill adjusts and clarifies compensation for witnesses in New Hampshire criminal cases, including fees and reimbursable expenses for subpoenaed testimony.
HB 697 (Session 2026) — Relative to witness fees in criminal cases (New Hampshire)
Overview
- Purpose: To address and modify the compensation provided to witnesses in criminal proceedings in New Hampshire, clarifying and potentially expanding the basis for witness fees and related expenses.
- Status: In early to mid-2026, the bill has moved through Judiciary committees and has been referred to Interim Study for further review. Timeline indicates multiple committee hearings and a positive committee report, with eventual referral to Interim Study in January 2026.
Key Provisions (as indicated by title and legislative routing)
- Witness Fees and Expenses: The bill targets the statutory framework governing witness compensation in criminal cases. It may specify:
- The rate or amount of witness fees payable to jurors, lay witnesses, and expert witnesses appearing in criminal trials.
- Reimbursement of necessary and reasonable expenses incurred by witnesses (e.g., mileage, lodging, meals, and possibly per diem) when summoned to testify in criminal proceedings.
- Eligibility and Administrative Details: Provisions likely define who is entitled to fees (e.g., witnesses subpoenaed or subpoenaed for appearance in court, including victims or other protected classes) and the process by which fees are calculated and paid.
- Miscellaneous Clarifications: The bill could include clarifications on the timing of fee payments, priority of coverage under the state budget, and alignment with existing statutory fee schedules or court rules.
Who is affected
- Witnesses in criminal cases: The primary beneficiaries are individuals who testify in criminal prosecutions, including lay witnesses, victims, and expert witnesses where applicable.
- Courts and Administrative Offices: Municipalities and state administrative offices involved in processing witness payments and maintaining fee schedules would implement any new or updated requirements.
- Prosecutors and Defense: Indirectly affected through clarified compliance expectations and smoother witness participation due to improved compensation mechanisms.
Procedural and Timeline Aspects
- Committee Path: Introduced in March 2025, referred to Judiciary, with hearings in early 2025 and 2026. The bill had a committee report favoring an “Ought to Pass” recommendation in February 2025, followed by further consideration.
- Interim Study: As of January 2026, the bill was referred to Interim Study, indicating a decision to pause final passage for broader review, stakeholder input, or fiscal impact assessment.
- Votes and Actions: Several committee votes (including 11-1 favorable in February 2025) suggest strong support within the committee, pending broader legislative consideration.
- Schedule: The ongoing process includes hearings, executive sessions, and potential amendments during the interim study phase.
Impact considerations
- Fiscal: Changes to witness fees could impact state and local budgets; interim study suggests evaluation of cost implications.
- Access to Justice: By ensuring appropriate compensation, the bill could reduce barriers for witnesses to participate, potentially improving the quality and reliability of criminal prosecutions.
- Administrative Burden: Agencies would need to adjust fee calculation and payment processes if new rates or eligibility rules are enacted.
Notes
- The summary reflects available bill descriptors and action history. Specific dollar amounts, fee schedules, or definitional changes would appear in the bill’s text. For a precise understanding, reviewing the enacted language and any interim study findings would be advisable.
Compiled from official sources — confirm details with the bill’s official record.
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