Committee Summary for Senate Judiciary (02/20/2025)

Bill/Time	Type	Title	Sponsor
SB267 00:05:40.280 - 12:04:41 PM	Public Hearing	relative to the penalty for engaging in prostitution as a patron.	Fenton, Donovan(D)[F]2024
SB267 00:37:22.280 - 12:36:23 PM	Executive Session	relative to the penalty for engaging in prostitution as a patron.	Fenton, Donovan(D)[F]2024
SB262 FN 00:44:47.119 - 12:43:48 PM	Public Hearing	relative to the penalty for trafficking in persons under 18 years of age.	Sullivan, Victoria(R)
SB262 FN 00:50:14.839 - 12:49:15 PM	Executive Session	relative to the penalty for trafficking in persons under 18 years of age.	Sullivan, Victoria(R)
SB148 FN 00:52:01.280 - 12:51:02 PM	Public Hearing	prohibiting those convicted of murder from financially profiting from the death of the victim.	Sullivan, Victoria(R)
SB148 FN 01:23:18.600 - 1:22:19 PM	Executive Session	prohibiting those convicted of murder from financially profiting from the death of the victim.	Sullivan, Victoria(R)
SB144 01:43:04.159 - 1:42:05 PM	Public Hearing	authorizing the state to report mental health data for firearms background check purposes and providing for processes for confiscation of firearms following certain mental health-related court proceedings and for relief from mental health-related firearms disabilities.	Altschiller, Debra(D)[CT]2024

SB267: Senator Donovan Fenton, District 10 Support00:05:40.280 - 12:04:41 PM; Senator Fenton introduced Senate Bill 267, aimed at combating human trafficking and exploitation in New Hampshire. The bill proposes a $500 fine for individuals engaging in prostitution as patrons, with the funds directed to the victim's assistance fund. The legislation seeks to deter demand for prostitution and provide resources for victims. Fenton emphasized the local presence of human trafficking and urged the committee to pass the bill to hold buyers accountable and support survivors.
SB267: Abby Fabii, Empowered Network Support00:09:20.000 - 12:08:21 PM; Abby Fabii, co-founder of Empowered Network, supported Senate Bill 267. She highlighted the organization's mission to support survivors of sex trafficking. Fabii stressed the exploitation of universal needs by traffickers and the necessity to address the demand side of trafficking. She mentioned the average age of trafficked girls and the role of buyers in perpetuating the market, advocating for the bill as a way to reduce demand and finance survivor support.
SB267: Audrey Dudy, Safe Exit Initiative, Western Massachusetts Support00:11:45.519 - 12:10:46 PM; Audrey Dudy, a survivor and co-executive director of Safe Exit Initiative in Western Massachusetts, supported SB 267. She shared her personal story of being trafficked starting at age 15 in New Hampshire, emphasizing the role of demand in her exploitation. Dudy described her experiences in the system and how buyers significantly impacted her life, leading to ongoing trauma. She urged the committee to consider the bill to reduce demand and support survivors.
SB267: Dr. Stacy Rebron Support00:14:11.240 - 12:13:12 PM; Dr. Stacy Rebron, with over 20 years in human trafficking awareness and a survivor herself, supported SB 267. She emphasized the importance of addressing demand to reduce trafficking and exploitation. Rebron discussed the economic and racial disparities between buyers and those exploited, advocating for financial penalties as effective deterrents. She highlighted the need for funding survivor services and urged the committee to support policies that target demand and fund survivor programs.
SB267: Ashley Staggers, Rights for Girls Support00:17:57.919 - 12:16:58 PM; Ashley Staggers, a policy associate with Rights for Girls, a national human rights organization based in Washington DC, testified in support of SB267. She highlighted the organization's work in addressing gender-based violence among vulnerable young women and girls in the U.S., including New Hampshire, through policy advocacy, research, coalition building, and technical assistance. Staggers emphasized the importance of confronting the demand for commercial sex as a means of preventing sex trafficking. She pointed out the disproportionate legal consequences faced by women and girls in the sex trade compared to the men who purchase their services, noting that nationally, women account for a significant majority of prostitution arrests. Staggers referenced a report by Shared Hope International that showed minimal consequences for men purchasing sexual acts from minors. She discussed the severe trauma and high mortality rates among prostituted women, supported by a Colorado medical study. Staggers argued that SB267 would hold sex buyers accountable, help reduce demand, and provide necessary services for survivors to rebuild their lives.
SB267: LJ G, Survivor of Trafficking Support00:20:44.200 - 12:19:45 PM; LJ G, a survivor of trafficking and exploitation in New Hampshire, testified in support of SB267. As a former resident, LJ G emphasized the importance of the bill in addressing the overlooked harms and traumas endured by survivors. They noted that without survivor-led services, many survivors would not have the support needed to recover. LJ G highlighted the lack of funding for services, which often forces survivors back into exploitation. They urged the committee to pass SB267 to ensure more survivors can exit exploitation and lead lives free from it.
SB267: Alex Fowell, Save Exit Initiative, Nashua, NH Support00:21:54.200 - 12:20:55 PM; Alex Fowell, a community case manager with Save Exit Initiative in Nashua, New Hampshire, testified in favor of SB267. As a survivor of the sex trade, Fowell stressed the importance of holding patrons (buyers) accountable for their actions, as prostitution and exploitation are driven by demand from those with power and disposable income. They shared personal experiences and the lack of services in New Hampshire, having worked with trafficked and exploited individuals across New England. Fowell argued against the notion that targeting consensual clients would increase violence, asserting that the sex trade is not an industry but a form of violence against marginalized groups. They supported SB267 to help reduce violence and provide necessary services.
SB267: Barb Patch, Marac, All Grows Alloud, NH Trafficking Free Coalition Support00:24:16.159 - 12:23:17 PM; Barb Patch, representing Marac, All Grows Alloud, and the New Hampshire Trafficking Free Coalition, testified in support of SB267. She emphasized that buying sex is not like buying a product and highlighted the severe exploitation faced by prostituted individuals. Patch shared a story of a homeless teenager in Boston to illustrate the harsh realities of exploitation. She criticized the current New Hampshire law (RSA) that treats solicitation as a misdemeanor, noting the inequity in punishment between buyers and those being exploited. Patch supported increasing the penalties for buyers, including potential jail time, to address the exploitation more effectively.
SB267: Trisha Grant, Just Love Worldwide, Maine Support00:29:02.320 - 12:28:03 PM; Trisha Grant strongly supports SB267, emphasizing the critical role of demand in perpetuating the commercial sex trade, which she describes as the 'rape trade.' She highlights the disparity in power and legal consequences between buyers and victims, advocating for the bill's approach of imposing fines and fees on buyers as both an economic means to support victim services and a deterrent against buying sex. Grant shares her personal experience as a trafficking survivor in New Hampshire and New England, detailing her transition from silence to activism over 12 years, including running a diversion program in Maine. She concludes by urging the passage of SB267 as a step towards reducing demand and supporting survivors.
SB267: Alisa Bernard, World Without Exploitation Support00:32:07.039 - 12:31:08 PM; Alisa Bernard, Deputy Director of World Without Exploitation, supports SB267 and shares her experience from Washington state, where a similar fee structure was successfully implemented. She explains how the fees in Washington funded transitional housing and services for trafficking survivors, emphasizing the potential impact of such funds in New Hampshire. Bernard stresses the involuntary nature of many individuals entering prostitution and the importance of taking sex buying seriously as a means to combat trafficking. She appreciates the committee's past understanding of these issues and hopes for continued progress.
SB267: Committee Discussion Information Only00:37:22.280 - 12:36:23 PM; The committee discusses an amendment to SB267, focusing on changing the classification of a specific section related to paying for sexual contact to a Class A misdemeanor. This amendment aims to increase the penalty for 'Johns' without altering the rest of the bill. There is a consensus on moving forward with this amendment, and the committee votes to pass the bill with the amendment.
SB262 FN: Senator Victoria Sullivan, Senate District 18, Manchester Wards 5-9, Litchfield Support00:44:47.119 - 12:43:48 PM; Senator Victoria Sullivan introduces SB262 FN, which aims to increase minimum penalties for child sex trafficking. She explains that the current minimum of seven years is below the federal standard of 15 years, and proposes a change to 18 years, symbolizing the years of childhood robbed from victims, with a maximum penalty of life imprisonment. She emphasizes the need for harsher penalties to make New Hampshire inhospitable to child traffickers.
SB262 FN: Pamela Kyg, New Hampshire Coalition Against Domestic and Sexual Violence Support00:46:15.319 - 12:45:16 PM; Pamela Kyg, representing the New Hampshire Coalition Against Domestic and Sexual Violence, supports SB262, highlighting the complexity of human trafficking and the effectiveness of comprehensive state policies. She mentions the coalition's work with the state's human trafficking task force and the prevalence of trafficking across all counties in New Hampshire. Kyg shares statistics on the number of trafficking victims supported by crisis centers and reports made to DCYF, stressing the importance of accountability for traffickers and the need for stronger penalties.
SB262 FN: Committee Discussion Information Only00:50:14.839 - 12:49:15 PM; The committee discusses and votes on SB262 FN. A motion is made to pass the bill, and it is passed with no opposition. The committee acknowledges concerns about costs but agrees to move forward with the bill.
SB148 FN: Senator Victoria Sullivan, Senate District 18, Manchester Wards 5-9, Litchfield Support00:52:01.280 - 12:51:02 PM; Senator Victoria Sullivan introduces SB148 FN, which prohibits those convicted of murder from profiting financially from their crime, known as 'Son of Sam' legislation. She notes that New Hampshire is one of only two states without such a law and emphasizes its necessity, especially in light of cases like that of Harmony Montgomery. Sullivan explains that the proposed language has been tested and upheld in court, and she urges the committee to support the bill to protect victims' families.
SB148 FN: Senator, Senate District 18, Manchester Wards 5-9, Litchfield Information Only00:53:35.480 - 12:52:36 PM; The Senator concludes their testimony by addressing a question about whether Adam Montgomery has entered into a contract to profit from the murder of his daughter. They clarify that there is no known book deal, and they are not privy to his financial dealings, indicating no further questions.
SB148 FN: Benjamin Agati, Senior Assistant Attorney General, Chief of the Homicide Unit, Department of Justice Information Only00:54:26.119 - 12:53:27 PM; Benjamin Agati, representing the Department of Justice, which takes no official position on the legislation, discusses the niche area of homicide that the bill addresses. He appreciates the attention to this issue, highlighting a gap in current law where plea agreements can include clauses to prevent profiting from crime, but this is not applicable when a defendant is found guilty after a trial. He addresses a query about Adam Montgomery, stating no known deals exist but there's no obligation for such deals to be reported. Agati reviews the proposed changes to RSA 562A and RSA 507, expressing concerns about the language's impact and its interpretation in New Hampshire's legal system. He is open to answering further questions about the legislation's implications.
SB148 FN: Senator, asking about estate planning implications Information Only00:57:34.880 - 12:56:35 PM; The Senator inquires about the implications of the bill on estate planning, specifically regarding disinheritance and the distribution of assets if a beneficiary is convicted of murder. They ask whether the assets would be distributed as if the beneficiary had predeceased the decedent or follow a residuary clause.
SB148 FN: Benjamin Agati, Senior Assistant Attorney General, Chief of the Homicide Unit, Department of Justice Information Only00:58:20.280 - 12:57:21 PM; Agati responds to the estate planning question, noting that it's a complex issue akin to a law school question. He explains that if a will has a residuary clause, it dictates where assets go, and if someone causes the death of the testator, they may forfeit their portion. In cases without a will or if the will is invalid, intestate laws apply, distributing assets according to statutory succession. He highlights the need for a clearer definition of 'interested person' in the statute to prevent misinterpretation.
SB148 FN: Senator, discussing the preponderance of evidence standard Information Only01:01:22.720 - 1:00:23 PM; The Senator expresses concern over the use of the preponderance of evidence standard to determine guilt in the absence of a conviction, questioning its appropriateness in a criminal context.
SB148 FN: Benjamin Agati, Senior Assistant Attorney General, Chief of the Homicide Unit, Department of Justice Information Only01:02:08.079 - 1:01:09 PM; Agati addresses the concern about the preponderance of evidence standard, explaining that it shifts the burden of proof to the petitioner in a probate court, which may not be familiar with criminal standards. He discusses the potential impact on ongoing criminal investigations and the absence of a time limit for such petitions, which could lead to premature disclosure of investigative material. He also raises the issue of estoppel and its potential effect on future criminal prosecutions if the probate court makes a determination based on this standard.
SB148 FN: Senator, asking about a hypothetical case involving a minor Information Only01:07:00.559 - 1:06:01 PM; The Senator presents a hypothetical scenario involving a minor who was aware of a murder committed by their parent but was not adjudicated as a party to the crime. They inquire whether the minor could sell their story or experiences under current law and the proposed bill.
SB148 FN: Benjamin Agati, Senior Assistant Attorney General, Chief of the Homicide Unit, Department of Justice Information Only01:07:54.000 - 1:06:55 PM; Agati explains that under current law, the minor could sell their story unless it was prohibited by a plea agreement or a clause in the victim's estate plan. The proposed bill would change this by preventing profiting from crimes even if not directly convicted of the murder.
SB148 FN: Senator, asking about retroactivity of the law Information Only01:08:52.359 - 1:07:53 PM; The Senator asks whether the proposed law, if passed, would apply retroactively to past murders.
SB148 FN: Benjamin Agati, Senior Assistant Attorney General, Chief of the Homicide Unit, Department of Justice Information Only01:09:38.920 - 1:08:39 PM; Agati clarifies that unless specifically stated, the law would not be applied retroactively by the court. He then continues to discuss the language of the bill, focusing on the definition of 'intentional' in New Hampshire law and its implications on different types of homicide. He notes the need for amendments if the bill is intended to cover reckless or negligent homicides and questions whether petitioners would need to disprove defenses like self-defense or insanity. He also raises logistical concerns about the storage of assets by the probate court as per the proposed bill.
SB148 FN: Sheila Cofield, Attorney representing Crystal Sorey, mother of Harmony Montgomery and court-appointed administrator for Harmony's estate Support01:17:21.040 - 1:16:22 PM; Attorney Sheila Cofield spoke in support of Senate Bill 148, representing Crystal Sorey, the mother of Harmony Montgomery. She highlighted the lack of clear direction in New Hampshire's current law, which requires families of victims to go through a lengthy and emotionally taxing legal process to prevent a convicted murderer from inheriting from their victim. She argued that the current system places an undue burden on grieving families, and that passing SB148 would provide necessary guidance and fairness to victims and their families by simplifying the process and ensuring that culpable parties do not inherit from their victims. She emphasized the unpredictability and difficulty of the current system, which she believes the proposed bill would address.
SB148 FN: Committee Members Information Only01:23:18.600 - 1:22:19 PM; The committee discussed and voted on various bills in an executive session. For SB148, no specific motions or recommendations were mentioned in the provided transcript, indicating the session might have been discussing other bills or the session on SB148 was not fully captured in this snippet.
SB144: Senator Deborah Altschiller, representing the Seacoast communities of Exeter, Hampton, North Hampton, Hampton Falls, Greenland, Rye, and Stratham Support01:43:04.159 - 1:42:05 PM; Senator Deborah Altschiller introduced Senate Bill 144, aimed at closing a gap in New Hampshire's law regarding mental health reporting to the FBI's National Instant Criminal Background Check System (NICS). She explained that the bill would authorize the New Hampshire judicial branch to report specific cases to NICS, including involuntary mental health commitments, individuals found not competent to stand trial and deemed a danger to themselves or others, and those found not guilty by reason of insanity. The bill includes provisions for firearm relinquishment and a process for restoring firearm rights, emphasizing a balance between public safety and individual rights. She cited a recent incident at Concord Hospital as evidence of the need for such a law, where a failure to report to NICS allowed a firearm purchase that led to a death. Senator Altschiller urged the committee to support the bill, highlighting its careful drafting with input from various stakeholders and its potential to prevent future tragedies.
SB144: Senator Abis Information Only02:04:31.239 - 2:03:32 PM; Senator Abis raised concerns about the language in SB144, specifically regarding the term 'access to' firearms on page two, lines 15 and 16. He questioned the implications of this language, suggesting that it could affect individuals not directly involved in a legal case but who have access to firearms. He highlighted potential issues with property rights and the ability of unaffected parties to challenge court orders related to firearms they own but do not control. He also sought clarification on whether removing the 'access to' language would affect the bill's certification by the ATF.
SB144: Unnamed Respondent Information Only02:05:16.960 - 2:04:17 PM; The respondent addressed Senator Abis's concerns by explaining that the bill aims to ensure public safety by allowing the court to inquire about firearm ownership or access at the close of specific hearings. They clarified that the court may order the confiscation of firearms if deemed necessary, but also offers voluntary arrangements for relinquishing firearms to law enforcement or a non-prohibited person. The respondent emphasized the importance of keeping firearms away from individuals in acute mental health crises to prevent harm to themselves or others, and proposed that firearms could be temporarily stored at a different location, such as a friend or family member's house, to meet objections raised about previous versions of the bill.
SB144: Holly Stevens, NAMI New Hampshire Support02:19:35.799 - 2:18:36 PM; Holly Stevens, representing NAMI New Hampshire, offered cautious support for SB144. She highlighted the importance of the bill in preventing suicides, noting that 85% of firearm-related suicide attempts are fatal and that in New Hampshire, 87% of gun deaths are suicides. She explained the involuntary emergency admission process and how the bill would only take effect after a probate court hearing, not during the initial assessment and evaluation stages. Stevens also emphasized that the bill would not deter people from seeking treatment, as it does not affect those who voluntarily change their status during the process.
SB144: Simita Thurber, Exeter Support02:23:55.680 - 2:22:56 PM; Simita Thurber from Exeter supported SB144, pointing out that federal law already prohibits individuals involuntarily committed to psychiatric facilities from possessing or purchasing firearms, but New Hampshire does not report these cases to the National Instant Criminal Background Check System (NICS). She argued that the bill would close this dangerous loophole, aligning New Hampshire with 47 other states that prioritize public safety through complete reporting to NICS. She referenced Governor Sununu's support for a similar bill the previous year.
SB144: Elaine Kennedy Support02:26:14.760 - 2:25:15 PM; Elaine Kennedy, a pediatrician and mother of adult children with serious mental illnesses, shared a personal story to illustrate the pain and consequences of gun violence involving mental illness. She recounted a tragic incident in Oklahoma where a man killed his family members, emphasizing the unpredictability and severity of mental health crises. Kennedy advocated for the support of SB144 to help families manage such situations and prevent similar tragedies, highlighting the importance of elected officials in providing help and support.
SB144: Lana Nerk Support02:30:05.800 - 2:29:06 PM; Lana Nerk supported SB144, emphasizing the importance of background checks in preventing gun violence. She noted that the federal background check system relies on state-submitted data, and New Hampshire's failure to report mental health records undermines the system's effectiveness. Nerk referenced the Virginia Tech shooting as an example of the consequences of not reporting such records. She praised the bill for including a process for individuals to have their records removed from the database once they are no longer a danger.
SB144: Kimberly Moren, Women's Defense League of New Hampshire Oppose02:32:24.960 - 2:31:25 PM; Kimberly Moren, representing the Women's Defense League of New Hampshire, opposed SB144, calling it an emotional and ineffective response to a tragic event. She argued that the bill discriminates against gun owners and does not address the root causes of violence or suicide. Moren criticized the lack of mental health facilities and pointed out that many criminal acts are committed with objects other than firearms. She also noted that suicide rates are decreasing due to better mental health support, and urged the committee to vote the bill as inexpedient to legislate.
SB144: Line Whittington, Durham Support02:35:54.240 - 2:34:55 PM; Line Whittington from Durham supported SB144, stressing that it prevents individuals with significant documented mental illness from accessing guns, which could be used to harm themselves or others. She cited a Pew Center report indicating strong bipartisan support for such measures. Whittington shared a personal story of how reporting to NICS saved a family from potential gun violence, allowing them to heal and continue their lives. She argued that the bill would have prevented tragedies like the Virginia Tech shooting and urged the legislature to pass SB144.
SB144: Kate Giddens, Women for Gun Rights, New Hampshire Oppose02:38:46.840 - 2:37:47 PM; Kate Giddens, representing Women for Gun Rights in New Hampshire, strongly opposed Senate Bill 144. She argued that the bill, which aims to allow intervention by families, communities, and law enforcement to prevent violence, is flawed and detached from reality. Giddens highlighted the tragic case of Chief Bradley H, who died while protecting others at a mental hospital, unarmed. She criticized the state for taking away his right to self-defense and suggested that using his name to support further restrictions on self-defense rights is an insult. Giddens referenced other incidents, such as the one in Lewiston, Maine, to underline her point that unarmed people are vulnerable. She argued against the effectiveness of red flag laws, stating that they have failed in the 21 states where they are implemented because they cannot legislate personal safety or force care among people. Instead, she advocated for education, empowerment, safe firearm storage, training for concealed carry, increased situational awareness, and funding for mental health outreach. Giddens emphasized New Hampshire's tradition of preserving freedom and criticized policies that she believes erode the state's values, comparing them unfavorably to neighboring states. She urged the committee to reject Senate Bill 144, arguing that New Hampshire's way of life is not broken and does not need fixing.

Gannon, Bill(Chairman)(R)[C+]2024	Abbas, Daryl(V Chairman)(R)[C+]2024	Carson, Sharon(R)[C]2024
Altschiller, Debra(D)[CT]2024	Reardon, Tara(D)