SB 409 New Hampshire Senate · 2026 Regular Session

relative to the penalties for the offense of disobeying an officer and relative to liability of governmental units.

SB 409 amends penalties for disobeying law enforcement officers during traffic stops or pursuits. It increases penalties for specific violations: disobeying orders to stop (subparagraph I(c)) now carries a class B felony if a motor vehicle accident causes serious injury, and a class A felony if the accident causes death or injury to another person. The bill directly affects drivers who refuse to comply with officers during traffic enforcement, particularly in situations involving collisions. These changes enhance criminal penalties for dangerous disobedience during pursuits, without adding new financial costs to state or local governments.
Bill status passed both 3 of 5 stages cleared
Introduction
Nov 2025
Committee Review
May 2026
Senate Passage
Jan 2026
House Failed
May 2026
Governor
Introduced Nov 18, 2025 Last action May 21, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced As Amended by the House · 5 edits
MODERATE
The House significantly expanded SB 409 from a narrow bill about penalties for disobeying an officer into a multi-topic bill that also adds due process protections for students and faculty at public colleges, modifies governmental unit liability standards, and requires political subdivisions to indemnify employees. The core penalty structure for fleeing police was reworked to require specific aggravating behaviors (like extreme speeding or ramming a police car) before the highest felony charges apply, and removed the 'while being pursued' requirement from the death/serious injury provisions.
Scope change
The bill expanded from a single-topic criminal penalty amendment to a multi-topic bill covering criminal penalties, due process rights at public colleges, governmental unit liability standards, and employee indemnification requirements for political subdivisions.
ENFORCEMENT

The class B felony for fleeing police now requires the driver to have also committed one of five specific aggravating acts at the time: driving 30+ mph over the limit, turning off lights to evade detection, driving against traffic on a one-way street/divided highway/off-ramp, intentionally ramming a law enforcement vehicle, or other extrahazardous behavior creating substantial risk of death or serious bodily injury. Previously, simply fleeing was enough for a class B felony.

The class A felony (death) and class B felony (serious bodily injury) provisions no longer require that the collision occurred 'while being pursued.' The word 'accident' was replaced with 'collision' in both provisions, and the death provision now only requires causing death (previously it covered both injury and death).

SCOPE

A new Chapter 188-K was added establishing due process rights for students, student organizations, and faculty members at New Hampshire public post-secondary institutions facing disciplinary proceedings. This includes the right to written notice at least 7 days before a hearing, among other protections.

The bill now also modifies standards and amounts for governmental unit liability for negligence causing personal injury or property damage, and requires political subdivisions to indemnify employees for negligent conduct within the scope of employment (absent wanton or reckless conduct).

The bill title was expanded from 'relative to the penalties for the offense of disobeying an officer' to also include 'relative to liability of governmental units,' reflecting the added topics.

Floor votes · House May 14, 2026

How they voted

10493
Failed · 25 other
Total votes 222
May 14, 2026
D Democratic108
95 Yea 2 Nay 11
87% Yea
I Independent2
1 Nay 1
50% Nay
R Republican112
9 Yea 90 Nay 13
80% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
17
Key actions
4
Committee
4
Amendments
5
May 21, 2026
Introduced
Sen. Gannon Moved Nonconcur with the House Amendment, MA, VV; 05/21/2026; SJ 13
upper
May 14, 2026
Vote failed
House Vote: fail (104-93-25)
house
May 14, 2026
Lower · Passed
Ought to Pass with Amendment 2026-1773h 2026-1964h 2026-1389h and 2026-1961h: MA DV 181-175 05/14/2026 HJ 13 P. 36
lower
May 14, 2026
Introduced
Amendment # 2026-1961h: AA VV 05/14/2026 HJ 13 P. 31
lower
May 14, 2026
Introduced
Amendment # 2026-1389h: AA VV 05/14/2026 HJ 13 P. 31
lower
May 14, 2026
Introduced
Amendment # 2026-1964h: AA DV 190-164 05/14/2026 HJ 13 P. 29
lower
May 14, 2026
Introduced
Amendment # 2026-1773h: AA VV 05/14/2026 HJ 13 P. 29
lower
May 5, 2026
Lower · Passed
Committee Report: Ought to Pass with Amendment # 2026-1389h 04/24/2026 (Vote 13-0; RC) HC 19 P. 18
lower
Feb 26, 2026
Introduced
Introduced (in recess of) 02/19/2026 and referred to Criminal Justice and Public Safety HJ 5 P. 124
lower
Jan 29, 2026
Upper · Passed
Ought to Pass: MA, VV; OT3rdg; 01/29/2026; SJ 2
upper
Jan 16, 2026
Upper · Passed
Committee Report: Ought to Pass, 01/29/2026; Vote 3-0; CC; SC 3
upper
Nov 18, 2025
Introduced
Introduced 01/07/2026 and Referred to Judiciary; SJ 1
upper
1 primary · 7 co-sponsors

Sponsors