relative to the time to petition for a new trial.

HB 1422 - FINAL VERSION

11Mar2026... 0871h
4Jun2026... 2137EBA
2026 SESSION
26-2357
09/08

HOUSE BILL
1422

AN ACT
relative to the time to petition for a new trial.

SPONSORS: Rep. Tom Mannion, Hills. 1; Rep. Corcoran, Hills. 28; Rep. Sabourin dit Choiniere, Rock. 30; Rep. Berch, Ches. 6

COMMITTEE: Judiciary

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ANALYSIS

This bill allows additional time to petition for a new trial in certain circumstances.

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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2026... 0871h
4Jun2026... 2137EBA 26-2357
09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT
relative to the time to petition for a new trial.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Trials; Time. Amend RSA 526:4 to read as follows:
526:4 Time.

I.
A new trial shall not be granted unless the petition is filed within [
three
]
3
years after the rendition of the judgment complained of, or the failure of the suit.
II. The time limit in paragraph I shall not apply if:
(a) The petitioner seeks a new trial in a criminal case that resulted in a conviction of a felony or a class A misdemeanor;
(b) The petitioner is either incarcerated, subject to the terms of a sentence, or subject to collateral consequences of the sentence;
(c) The petition specifically alleges that there is newly discovered evidence and what that newly discovered evidence is; and
(d) The petition specifically alleges that the petitioner is innocent.
III. For purposes of this section, "newly discovered evidence" includes evidence that can be subjected to new or additional forensic testing, evidence that can be subjected to new scientific understanding, or evidence that was not available at the time of trial but is available at the time the petition is filed. A court may deny a petition for a new trial that is duplicative of a prior petition that was finally ruled upon by the court.
IV. For petitions filed under paragraph II, the court shall first determine whether the petition has made a prima facie showing under paragraph II before granting a hearing under RSA 526:1. If upon review, it is determined that the petition does make a prima facie showing under paragraph II, the court shall then hold a hearing and, if the petitioner is indigent, appoint counsel for the petitioner to determine whether the requirements of RSA 526:1 have been met. If upon review, it is determined that the petition does not make a prima facie showing, the court may dismiss the petition.
V. Nothing in this section is intended to supersede the standard for granting a motion for new trial as set out in RSA 526:1. For DNA evidence, RSA 651-D shall be followed.
VI. When a petition for a new trial of a criminal conviction is being considered by the court, the state shall, upon request, reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation of the case, during the pendency of the proceedings, and, as determined by the court after consultation with the victim or victim advocate, following final adjudication of the case.

2 Effective Date. This act shall take effect January 1, 2027.

VETOED July 2, 2026