relative to the release of a defendant pending trial.

SB 321 establishes a rule requiring courts to detain defendants who have failed to appear in court three or more times for serious offenses within the past three years, or twice on the current charge. Under this provision, a judge must presume that releasing such individuals would not ensure they return for their trial, though the defendant still has the right to present evidence to try to overcome this presumption. The law applies specifically to cases involving felonies, class A misdemeanors, and driving under the influence charges, both in New Hampshire and equivalent out-of-state crimes. If a defendant successfully rebuts the presumption during a bail hearing, the court may then decide whether to release them pending trial. The bill is set to take effect on January 1, 2025.