Criminal Justice

SB 667 amends New Hampshire assault laws to specifically address violence against emergency room personnel. It adds new provisions making it a first-degree assault (RSA 631:1, I(e)) to knowingly cause serious bodily injury to ER staff acting in their duties, and a second-degree assault (RSA 631:2, I(g)) to knowingly cause bodily injury to them. The bill defines "emergency room personnel" broadly to include all hospital ER staff and volunteers providing public services, such as doctors, nurses, clerks, technicians, students, and volunteers. This law directly affects individuals who assault ER workers and increases penalties for such acts by classifying them as specific assault offenses. The bill is scheduled to take effect January 1, 2027.

HB 1158 expands the legal definition of "intimate partner" in New Hampshire domestic violence cases to include individuals who were in a romantic or sexual relationship, regardless of whether the relationship was sexually consummated. This change directly affects victims and perpetrators in domestic violence proceedings under New Hampshire law. The bill modifies existing statutes (RSA 173-B:1 and RSA 631:2-b) to remove the previous requirement that such relationships must have been sexually consummated. The law takes effect on January 1, 2027, with no estimated state or local fiscal impact.

HB 186 legalizes and regulates cannabis for adults 21 and older in New Hampshire, establishing a comprehensive framework for cultivation, manufacturing, and retail sales. The bill creates a Cannabis Commission to license and regulate businesses, sets strict limits on personal possession (2 ounces of flower or equivalent), and prohibits smoking in public places with escalating fines for violations. Revenue from cannabis taxes will fund the general fund (55%), substance misuse prevention programs (15%), municipalities based on sales (25%), and public safety agencies (5%). The bill also includes provisions to vacate past cannabis possession convictions for adults 21+ and creates a dual-use system allowing therapeutic cannabis centers to operate retail stores under specific conditions.

This proposed constitutional amendment would grant New Hampshire adults aged 21 and older the right to possess a modest amount of cannabis for personal consumption. If approved by voters in November 2026, it would amend the state constitution to explicitly protect this right, replacing current laws that lack such a provision. The amendment specifically covers personal possession and consumption, not cultivation, sales, or public use. It requires a two-thirds majority vote in the referendum to take effect.

HB 1442 requires public schools and municipal buildings to designate bathrooms and locker rooms by biological sex (male/female), rather than gender identity. It redefines "gender identity" to exclude using it for accessing spaces designated for females, and creates "willful trespass" for males entering female-designated facilities (with exceptions for emergencies or supervision). The bill also mandates correctional facilities house inmates by biological sex and limits gender identity protections in civil rights enforcement. It directly affects public school students, municipal building users, correctional facility inmates, and businesses operating public accommodations. The law uses biological sex (based on chromosomes/SRY gene) as the standard for facility access and definitions.

HB 1091 requires New Hampshire towns and cities to offer nonmonetary penalties (such as community service) as an alternative to fines for violations of local rules prohibiting sleeping or camping outdoors. It directly affects individuals cited under municipal ordinances for outdoor sleeping or camping, replacing the current option of only financial penalties. The bill mandates that towns must include this nonmonetary penalty choice in their enforcement of such ordinances, while still allowing fines as an option. This change applies to all relevant local rules and takes effect January 1, 2027.

This bill creates a committee called the "better education on life-saving action committee" to study how to improve public awareness of New Hampshire's good Samaritan law. The law protects people from legal liability when they call for medical help during a drug overdose. The committee will examine current outreach methods, identify effective ways to reach high-risk communities, and assess whether state funding could help spread the information. It must report its findings and recommendations to state leaders by November 1, 2026.

HB 1436 establishes legal property rights for personal digital information stored in cloud services, such as emails, photos, or documents. It presumes that individuals retain ownership of their unpublished digital data (including cloud-stored files) and creates a legal presumption of bailment when third parties hold this information. The bill requires government entities to obtain a warrant for searches or seizures of such digital records, treating them as protected "papers" under constitutional and state law. It directly affects consumers whose personal data is stored with cloud providers, distinguishing private digital content from public information while exempting certain public or emergency uses.

SB 139 creates a private right of action in civil rights cases, allowing any person subjected to unlawful interference with their civil rights to file a lawsuit directly. Currently, only the New Hampshire Attorney General can initiate such cases under the Civil Rights Act (RSA 354-B). The bill requires courts to notify the Attorney General by sending copies of the complaint and final judgment to their office. The law will take effect on January 1, 2026.

SB 549 prohibits state and local governments from using public funds to support organizations that distribute drug paraphernalia, including needles and syringes through syringe service programs (SSPs). It specifically blocks state funds - such as those from opioid settlement money - from being used for SSPs that provide such paraphernalia, except during disease outbreak responses under existing law. The bill affects funding for public health programs by restricting how state and local resources can be allocated to organizations distributing drug-related items. The fiscal note indicates this would reduce annual funding for SSPs by approximately $1.7 million, though it clarifies this does not represent net savings but potential cost shifts to other healthcare services.