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2022 New Hampshire Revised Statutes
Title LIX - Proceedings in Criminal Cases
Title 592-B - Criminal Procedure in Superior Court
Section 592-B:3 - Commencement of Criminal Proceeding.
Universal Citation: NH Rev Stat § 592-B:3 (2022)
I. Criminal proceedings in superior court shall be commenced by the filing of a complaint by the attorney general, county attorney or the county attorney's designee, or by indictment by the grand jury. If a complaint is filed, the accused shall subsequently be indicted by a grand jury or waive grand jury indictment pursuant to RSA 601:2 for the case to proceed.
II. The complaint shall be addressed to the court and shall set forth by name or description the party accused and the offense charged. The description of an accused may include an identifiable ridge skin impression or a DNA profile. A complaint that contains only an identifiable ridge skin impression or DNA profile, and that alleges one or more of the following offenses shall, upon its filing, toll the applicable statute of limitations under RSA 625:8 for:
(a) Capital murder under RSA 630:1.
(b) First degree murder under RSA 630:1-a.
(c) Second degree murder under RSA 630:1-b.
(d) Manslaughter under RSA 630:2.
(e) Negligent homicide under RSA 630:3.
(f) First degree assault under RSA 631:1.
(g) Second degree assault under RSA 631:2.
(h) Aggravated felonious sexual assault under RSA 632-A:2.
(i) Felonious sexual assault under RSA 632-A:3.
(j) Kidnapping under RSA 633:1.
(k) Arson under RSA 634:1, I-III.
(l) Robbery under RSA 636:1.
[RSA 592-B:3 effective January 1, 2024; see also RSA 592-B:3 set out above.]
592-B:3 Commencement of Criminal Proceeding. –
I. Unless otherwise provided for in law, criminal proceedings in superior court shall be commenced by the receipt of a complaint from the circuit court having found probable cause to bind over a defendant. If a complaint is received from the circuit court or is filed, the accused shall subsequently be indicted by a grand jury or waive grand jury indictment pursuant to RSA 601:2 for the case to proceed.
II. The complaint shall set forth by name or description the party accused and the offense charged. The description of an accused may include an identifiable ridge skin impression or a DNA profile. A complaint that contains only an identifiable ridge skin impression or DNA profile, and that alleges one or more of the following offenses shall, upon its filing, toll the applicable statute of limitations under RSA 625:8 for:
(a) Capital murder under RSA 630:1.
(b) First degree murder under RSA 630:1-a.
(c) Second degree murder under RSA 630:1-b.
(d) Manslaughter under RSA 630:2.
(e) Negligent homicide under RSA 630:3.
(f) First degree assault under RSA 631:1.
(g) Second degree assault under RSA 631:2.
(h) Aggravated felonious sexual assault under RSA 632-A:2.
(i) Felonious sexual assault under RSA 632-A:3.
(j) Kidnapping under RSA 633:1.
(k) Arson under RSA 634:1, I-III.
(l) Robbery under RSA 636:1.
Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2022, 268:3, eff. Jan. 1, 2024.
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