Criminal Justice (Corrections)

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 1423 expands New Hampshire's "improper influence" law to include threats against the immediate family members (spouses, children, parents, siblings, or household members) of public servants, party officials, or voters. It makes threatening harm to these family members a class B felony, imposing mandatory minimum penalties: at least one year in prison and $1,000 in fines for each person threatened. These penalties must be served consecutively for multiple victims and cannot be reduced or suspended. The bill directly affects individuals who attempt to influence public officials' decisions through coercion targeting their families, with no direct state or local cost impact noted.

HB 1556 increases penalties for domestic violence offenses committed in the presence of a child under 18, directly affecting perpetrators convicted under New Hampshire law (RSA 631:2-b). It raises maximum jail time for class A misdemeanors from 1 year to 18 months and adds a mandatory 30-day minimum sentence for all qualifying offenses. The bill also requires law enforcement to report child presence at domestic violence scenes and mandates police training on identifying child exposure, while clarifying that the law does not criminalize victims or impact parental fitness. Courts must consider the child’s age, psychological impact, and defendant history when sentencing.

SB 553 increases penalties for drivers who willfully attempt to evade law enforcement by speeding, turning off headlights while moving, or abandoning their vehicle during a chase. Offenders will face a mandatory 5-day jail term (with no probation or deferred sentencing) and a driver's license suspension of at least six months. This law directly affects individuals who use these specific tactics to avoid police pursuit. The bill takes effect January 1, 2027.

SB 620 increases license suspension periods for drivers who refuse alcohol testing and modifies penalties for aggravated driving while intoxicated (DWI). For a first refusal of testing, license suspension rises from 180 days to 12 months; for repeat offenders with prior DWI convictions or refusals, it increases from 2 to 3 years. The bill also adds new requirements for aggravated DWI convictions, including a mandatory 17-day jail sentence (suspensible), a substance use disorder evaluation within 60 days of release, and installation of an ignition interlock device. These changes directly affect drivers arrested for DWI who refuse testing or are convicted of aggravated DWI offenses. The policy focuses on stricter consequences for refusal and repeat offenses, with court discretion to suspend up to 6 months of license revocation if treatment requirements are met.

SB 467 increases penalties for fentanyl distribution by establishing mandatory minimum prison sentences: 3.5 years for 20 grams or more and 7 years for 50 grams or more (including mixtures). It also mandates a life sentence or long prison term for distributing non-fentanyl controlled drugs that cause death. Courts may reduce these sentences if defendants meet specific conditions, such as having no recent violent felony convictions, not using violence, and completing drug treatment or education. If reduced, defendants must serve at least 3 years of probation with drug testing, treatment, community service, and a suspended prison sentence.