New Hampshire 2025 Regular Session

New Hampshire Senate Bill SB140 Compare Versions

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Old	New	Differences
1	1	SB 140-FN - AS INTRODUCED
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7	7	2025 SESSION
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9	9	25-0995
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11	11	09/11
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15	15	SENATE BILL140-FN
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19	19	AN ACTestablishing a domestic violence fatality review committee.
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23	23	SPONSORS:Sen. Birdsell, Dist 19
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27	27	COMMITTEE:Judiciary
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35	35	ANALYSIS
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39	39	This bill establishes a domestic violence fatality review committee within the department of justice to conduct comprehensive, multidisciplinary reviews of deaths related to domestic violence. This bill also establishes a criminal penalty for intentionally disclosing information or records obtained from committee proceedings.
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43	43	This bill is a request of the department of justice.
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47	47	- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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51	51	Explanation:Matter added to current law appears in bold italics.
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53	53	Matter removed from current law appears [in brackets and struckthrough.]
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55	55	Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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57	57	25-0995
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59	59	09/11
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63	63	STATE OF NEW HAMPSHIRE
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67	67	In the Year of Our Lord Two Thousand Twenty Five
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71	71	AN ACTestablishing a domestic violence fatality review committee.
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75	75	Be it Enacted by the Senate and House of Representatives in General Court convened:
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79	79	1 New Section; The Department of Justice; Domestic Violence Fatality Review Committee. Amend RSA 21-M by inserting after section 16 the following new section:
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81	81	21:16-a Domestic Violence Fatality Review Committee.
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83	83	I. There is hereby established the domestic violence fatality review committee within the department of justice to conduct comprehensive, multidisciplinary reviews of deaths related to domestic violence for the purpose of preventing domestic violence related fatalities through the identification of barriers to victim safety, the evaluation of the response by law enforcement and other government and non-government agencies and service delivery systems, and the creation of recommendations to improve the systemic and community response to domestic violence.
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85	85	II. For the purpose of this section, a "domestic violence fatality" means a death which arises as a result of domestic violence as defined in RSA 173-B, RSA 631:2-b, or a fatality that, in the sole discretion of the domestic violence fatality review committee, was either directly or indirectly related to domestic violence.
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87	87	III. The attorney general shall appoint the members of the domestic violence fatality review committee, who shall hold office for an indefinite term at the pleasure of the attorney general. The committee shall consist of the following members:
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89	89	(a) The attorney general, or designee.
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91	91	(b) The chief medical examiner, or designee.
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93	93	(c) The director of the division for children, youth and families, department of health and human services, or designee.
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95	95	(d) The director of the division for behavioral health, department of health and human services, or designee.
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97	97	(e) The commissioner of the department of safety, or designee.
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99	99	(f) A circuit court judge.
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101	101	(g) A licensed medical provider who is knowledgeable concerning domestic violence injuries and deaths, including suicides.
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103	103	(h) Two members of law enforcement, one representing a rural jurisdiction and one an urban jurisdiction.
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105	105	(i) A representative of an organization providing civil legal services to victims of domestic violence.
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107	107	(j) A representative of the New Hampshire Coalition Against Domestic and Sexual Violence.
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109	109	(k) A representative from a domestic violence crisis center.
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111	111	(l) A county attorney or a prosecutor employed by a county attorney’s office.
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113	113	(m) An attorney or police officer who prosecutes in circuit court.
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115	115	(n) A prosecution-based victims’ assistance provider.
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117	117	(o) A defense attorney.
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119	119	(p) A provider of batterers intervention programming.
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121	121	IV. The committee shall elect a chairperson from among its members. The chairperson shall serve for a term of 2 years.
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123	123	V. The committee may create additional subcommittees as needed to achieve the committee’s mission. These subcommittees shall be subject to the same protections and responsibilities as the committee as established in this section. Membership of these subcommittees shall be determined by the chairperson.
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125	125	VI. The committee's review of a case shall not be initiated until such time as the law enforcement criminal investigation has been completed or fully adjudicated, whichever comes later. Additionally, if, in the opinion of the attorney general, there exists the potential for civil litigation, the committee’s review of a case shall not be initiated before 3 years from the date of the incident under review.
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127	127	VII. The attorney general, acting through the office of victim/witness assistance, as established in RSA 21-M:8-b, shall coordinate and provide administrative support to the committee.
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129	129	VIII. The attorney general, acting through the office of victim/witness assistance, may solicit, request, review, inspect, and copy all information and records as defined to include, but not be limited to, testimony, documents, reports, reviews, recommendations, correspondence, and data from any individual or agency, including individuals with particular expertise that would be helpful to the review, representatives from those organizations or agencies that had contact with or provided services to the individuals involved in the case, or anyone else the attorney general identifies as relevant for the purpose of the review, and may provide any of the information and records to the members of the committee and invited guests; provided, however, no member of the committee or invited guests shall further distribute such information or records.
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131	131	IX. Upon a recommendation of the committee, the attorney general, in his or her sole discretion, shall have the authority to subpoena witnesses or compel the production of information or records. The attorney general shall have the authority to enforce, if necessary, any subpoena by compelling production in the superior court.
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133	133	X. The committee, members of the committee, invited guests, and their agents and employees, the attorney general, and other state employees at the department of justice shall maintain the confidentiality of all information and records pursuant to any applicable confidentiality laws including, but not limited to, information and records received that are governed by RSA 169-C:25, RSA 170-G:8-a and RSA 161-F:57 and may be required to complete a confidentiality agreement that prohibits any unauthorized dissemination of information or records except when disclosures may be necessary for the committee to carry out its duties. Within the department of justice, such information and records shall be solely accessible by the office of victim/witness assistance, the attorney general or the attorney general’s designee to the committee, and any attorney specially assigned to advise the committee.
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135	135	XI. The information and records obtained and created in execution of the committee’s official functions including proceedings, opinions, and testimony by persons participating in or appearing before the committee, and deliberations by the committee relating to the review of any death are confidential, not subject to RSA 91-A, and shall not be used, divulged, or acquired by any other person for any other purpose, including, but not limited to, civil or criminal discovery, subpoena, employment investigation, or introduction into evidence in any civil, criminal, or administrative proceeding. Nothing in this subparagraph shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the committee.
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137	137	XII. The committee, members of the committee, invited guests, their agents and employees, the attorney general, and other state employees at the department of justice shall not be questioned, compelled to testify, or compelled to produce any evidence in any civil, criminal, or administrative proceeding regarding any matter involving the exercise of his or her official committee duties or regarding information presented in or opinions formed as a result of a meeting of the committee. Nothing in this subparagraph shall be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.
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139	139	XIII. The committee, members of the committee, invited guests, their agents and employees, the attorney general, and other state employees at the department of justice, shall not be subject to, and shall be immune from, claims, suits, liability, damages, or any other recourse, civil or criminal, arising from any act, proceeding, decision, or determination undertaken or performed, or recommendation made, provided such persons acted in good faith and without criminal intent in carrying out their responsibilities, authority, duties, powers, and privileges of the offices conferred by this section upon them.
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141	141	XIV. No organization, agency, or person furnishing information and records to the committee shall be liable in damages for such act to any person or subject to any other recourse, civil or criminal.
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143	143	XV. Any person who intentionally discloses information or records obtained from committee proceedings shall be guilty of a class A misdemeanor.
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145	145	XVI. The committee shall make a public biennial report, on or before the first day of October of each even-numbered year, beginning on October 1, 2026, to the governor, speaker of the house of representatives, the president of the senate, and the chief justice of the supreme court, describing any trends and patterns of domestic violence deaths, together with any recommendations for changes in law, policy, and practice that could prevent future deaths.
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147	147	2 Effective Date. This act shall take effect upon its passage.
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151	151	LBA
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153	153	25-0995
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155	155	Revised 1/27/25
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159	159	SB 140-FN- FISCAL NOTE
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161	161	AS INTRODUCED
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165	165	AN ACTestablishing a domestic violence fatality review committee.
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169	169	FISCAL IMPACT:
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172	172	Estimated State Impact
173	173	FY 2025 FY 2026 FY 2027 FY 2028
174	174	Revenue $0 $0 $0 $0
175	175	Revenue Fund None
176	176	Expenditures* Indeterminable
177	177	Funding Source General Fund
178	178	Appropriations* $0 $0 $0 $0
179	179	Funding Source None
180	180	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
181	181	Estimated Political Subdivision Impact
182	182	FY 2025 FY 2026 FY 2027 FY 2028
183	183	County Revenue $0 $0 $0 $0
184	184	County Expenditures Indeterminable
185	185	Local Revenue $0 $0 $0 $0
186	186	Local Expenditures Indeterminable
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192	192	Estimated State Impact
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196	196	FY 2025
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198	198	FY 2026
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200	200	FY 2027
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202	202	FY 2028
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204	204	Revenue
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206	206	$0
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208	208	$0
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210	210	$0
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212	212	$0
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214	214	Revenue Fund
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216	216	None
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218	218	Expenditures*
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220	220	Indeterminable
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222	222	Funding Source
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224	224	General Fund
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226	226	Appropriations*
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228	228	$0
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230	230	$0
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232	232	$0
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234	234	$0
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236	236	Funding Source
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238	238	None
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240	240	Expenditure = Cost of bill Appropriation = Authorized funding to cover cost of bill
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244	244	Estimated Political Subdivision Impact
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248	248	FY 2025
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250	250	FY 2026
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252	252	FY 2027
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254	254	FY 2028
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256	256	County Revenue
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258	258	$0
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260	260	$0
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262	262	$0
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264	264	$0
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266	266	County Expenditures
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268	268	Indeterminable
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270	270	Local Revenue
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272	272	$0
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274	274	$0
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276	276	$0
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278	278	$0
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280	280	Local Expenditures
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282	282	Indeterminable
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286	286	METHODOLOGY:
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288	288	This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
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292	292	AGENCIES CONTACTED:
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294	294	Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association