Criminal Justice (Courts)

HB 194 amends New Hampshire law to clarify and strengthen criminal penalties for interfering with court-ordered custody arrangements. It makes it a class B felony to knowingly obstruct parenting time (e.g., by enticing a child to leave contact or retaining the child against a court order) or to take a child out of state without court permission during an active custody case. First or second violations of the out-of-state provision carry fines of $250-$500, while third or subsequent offenses become class B felonies. The bill includes an affirmative defense if someone was entitled to parenting time or acting to protect a child from immediate danger (with prior court petition documentation). This directly affects parents, guardians, or others involved in custody disputes who violate court orders.

HB 1737 would reinstate the death penalty for specific crimes against children under 13 years old in New Hampshire. It defines "capital offenses against a child" as first-degree murder, second-degree murder, or aggravated sexual assault involving a minor under 13, mandating a death sentence for anyone convicted of these crimes who was at least 18 at the time of the offense. The bill requires courts to impose the death penalty without considering mitigating factors and limits appeals to only evidentiary or constitutional errors related to guilt, with the Supreme Court required to resolve all appeals within one year of conviction. This law would apply only to offenses committed after its effective date, not retroactively.

HB 1291 would make it a class A misdemeanor to operate a small drone without permission over large public gatherings (like sports events, concerts, or festivals) or over critical infrastructure, such as power plants, water treatment facilities, military sites, or government buildings. The bill defines "critical infrastructure" to include specific facilities like petroleum refineries, electric substations, and public safety buildings. This law would take effect on January 1, 2027, and applies to all drone users who fly without prior authorization in these scenarios. The bill does not require new funding but may impact law enforcement and court processes if violations occur.

HB 1565 makes it a misdemeanor to intentionally file false reports of child abuse or neglect with New Hampshire's Division for Children, Youth, and Families. It directly affects individuals who submit false reports (subject to criminal penalties) and people harmed by such reports (who can sue for civil damages). The bill clarifies that reports may include the reporter's name and creates a legal pathway for victims to seek monetary compensation through civil court. This changes existing law by adding specific criminal penalties for false reports and establishing a private right to sue, effective July 1, 2026.

HB 1547 requires defendants charged with specific misdemeanors - including misdemeanor sexual assault involving minors, class A misdemeanor assault, and misdemeanor stalking - to choose within 30 days of arraignment: either appeal to superior court for a jury trial or proceed in circuit court with a waived right to a jury trial. Circuit courts cannot move forward with a trial under the waiver option without confirming the defendant knowingly and voluntarily gave up their jury trial right through a court discussion. The bill applies only to these three offense types and modifies existing appeal rules to clarify that superior courts handle jury trial appeals for these cases. It does not change sentencing or create new costs, as noted in the fiscal impact statement.

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.

HB 1598 creates a streamlined eviction process for landlords seeking to remove tenants who fail to pay rent or breach leases in ways affecting health/safety, criminal activity, or drug-related offenses. It requires landlords to provide a 5-day notice with a clear warning about the expedited timeline, giving tenants only 3 days to respond after court filing. If tenants don’t pay or vacate, courts must issue a writ of possession immediately without a hearing - unless the tenant pays all overdue rent within 48 hours. This process limits defenses to just rent payment or the alleged breach, blocking unrelated claims, and restricts stays of execution except for immediate payment. The bill applies to all landlords and tenants in qualifying eviction cases, effective January 1, 2027.