HB 767-FN - AS INTRODUCED
2025 SESSION
25-0139
11/05
HOUSE BILL767-FN
AN ACTexpanding requirements for reports to law enforcement by the department of health and human services.
SPONSORS:Rep. Love, Rock. 13
COMMITTEE:Criminal Justice and Public Safety
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ANALYSIS
This bill requires the department of health and human services to immediately verbally report a complaint of crime, abuse, or neglect of a child directly to an on duty law enforcement officer and create a written report within 24 hours of the complaint. The bill also refines requirements for entry into public places by law enforcement and trained case workers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0139
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACTexpanding requirements for reports to law enforcement by the department of health and human services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department Reporting Requirements. Amend RSA 169-C:38, I to read as follows:
I.(a) The department shall [immediately], by telephone or in person, immediately [refer] verbally report to an on duty officer of the local law enforcement agency in the community in which the acts of abuse are believed to have occurred all cases in which there is reason to believe that any person under the age of 18 years has been:
[(a)] (1) [sexually molested] Subjected to sexual contact or sexual penetration which can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched, or serious personal injury, as defined in RSA 632-A:1, III.
[(b)] (2) [ sexually] Sexually exploited;
[(c)] (3) [intentionally] Intentionally physically injured so as to cause serious bodily injury;
[(d)] (4) [physically] Physically injured by other than accidental means so as to cause serious bodily injury; [or]
(5) Physically injured by a parent or legal guardian by other than accidental means such that there are visible contusions inconsistent with reasonable physical discipline; or
[(e)] (6) [a] A victim of a crime[, to the local law enforcement agency in the community in which the acts of abuse are believed to have occurred].
(b) If no on duty officer is available to receive the verbal report, the department shall verbally report to the state police. The department shall also make a written report to the law enforcement agency within [48] 24 hours, Saturdays, Sundays and holidays [excluded] included. A copy of this report shall be sent to the office of the county attorney.
(c) Law enforcement shall not rely on the department to gather information for its investigation unless such reliance is required or necessitated by the standardized protocol for investigation developed under RSA 169-C:38-a.
2 Investigation; Reasons For Entry. Amend RSA 169-C:38, IV to read as follows:
IV. Law enforcement personnel or department employees who are trained caseworkers shall have the right to enter any public place, including but not limited to schools and child care agencies, for the purpose of conducting an interview with a child, with or without the consent or notification of the parent or parents of such child, if there is reason to believe that the child has been:
(a) [Sexually molested.] Subjected to sexual contact or sexual penetration which can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched, or serious personal injury, as defined in RSA 632-A:1, III.
(b) Sexually exploited.
(c) Intentionally physically injured so as to cause serious bodily injury.
(d) Physically injured by other than accidental means so as to cause serious bodily injury.
(e) A victim of a crime.
(f) Physically injured by a parent or legal guardian by other than accidental means such that there are visible contusions inconsistent with reasonable physical discipline.
(g) Abandoned.
[(g)] (h) Neglected.
3 Effective Date. This act shall take effect January 1, 2026.
LBA
25-0139
1/12/25
HB 767-FN- FISCAL NOTE
AS INTRODUCED
AN ACTexpanding requirements for reports to law enforcement by the department of health and human services.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services