Committee Summary for Senate Judiciary (04/03/2025)

Bill/Time	Type	Title	Sponsor
HB697 00:10:49.160 - 12:09:00 PM	Public Hearing	relative to witness fees in criminal cases.	Potenza, Kelley(R)[A]2024
HB778 1382s 00:22:22.919 - 12:20:33 PM	Executive Session	authorizing the director of the police standards and training council to detail law enforcement training specialists employed by the council for law enforcement and crowd control services.	Roy, Terry(R)[B]2024
HB778 1382s 00:34:31.719 - 12:32:42 PM	Public Hearing	authorizing the director of the police standards and training council to detail law enforcement training specialists employed by the council for law enforcement and crowd control services.	Roy, Terry(R)[B]2024
HB109 00:35:23.079 - 12:33:34 PM	Public Hearing	relative to false reports to law enforcement.	Mannion, Dennis(R)[A-]2024
HB59 00:46:25.920 - 12:44:36 PM	Public Hearing	relative to the assault of a firefighter, emergency medical care provider, or law enforcement officer.	Mannion, Dennis(R)[A-]2024

HB697: Representative Kelly Potenza, Strafford District 19 Support00:10:49.160 - 12:09:00 PM; Representative Kelly Potenza introduced HB697, which aims to address the issue of witnesses repeatedly attending court without compensation, particularly in criminal cases. The bill was inspired by feedback from a prosecutor in Coos County, highlighting the problem of witnesses having to attend multiple court dates without reimbursement, which often leads to loss of witnesses. The bill proposes to compensate witnesses for their mileage, especially after the first court appearance, to mitigate the burden on them and ensure their continued participation in the judicial process.
HB697: Unnamed Senator Information Only00:13:36.079 - 12:11:47 PM; An unnamed senator inquired about the fiscal implications of HB697, specifically asking about the costs and which department would bear them. Representative Potenza clarified that the state would cover the costs, based on federal mileage rates, but she was unsure about the specifics of a daily attendance fee mentioned in the bill, as her focus was primarily on mileage compensation.
HB697: Unnamed Speaker Information Only00:15:39.160 - 12:13:50 PM; The speaker expressed confusion about the specifics of the bill, particularly regarding jury compensation, and emphasized that their primary concern was ensuring mileage compensation for witnesses. They questioned whether the bill should exclude other forms of compensation, indicating a need for clarification on the bill's scope.
HB697: Unnamed Speaker Information Only00:16:43.920 - 12:14:54 PM; The speaker discussed the necessity of a system to officially document witness appearances, particularly through subpoenas, to ensure compensation. They highlighted the issue of witnesses repeatedly attending court due to defendants not showing up, using an example of a case in the north where witnesses had to travel extensively without compensation.
HB697: Representative Jonah Orion Wheeler Support00:17:55.200 - 12:16:06 PM; Representative Wheeler affirmed his support for the bill as a co-sponsor, noting its unanimous passage in the House. He addressed a question about federal witness fees, mentioning a $40 charge under U.S. Code 18, and emphasized the importance of the legislation.
HB697: Unnamed Senator Information Only00:19:08.080 - 12:17:19 PM; The senator clarified that the federal fee mentioned applies to federal courts, not state courts, indicating a distinction in compensation practices between federal and state jurisdictions.
HB697: Stephen Enders, Assistant County Attorney, Merrimack County Information Only00:20:16.760 - 12:18:27 PM; Stephen Enders provided historical context on witness compensation under the repealed statute 5616, detailing past fees and mileage rates. He explained the process of witness sign-in and confirmation by prosecutors and compared it to the current federal fee structure, offering to answer further questions.
HB778 1382s: Unnamed Committee Member Vote00:22:22.919 - 12:20:33 PM; The committee member made a motion to go into executive session and subsequently moved to pass the underlying bill, HB778, with a second and no discussion. They then offered Amendment 1382s, which was discussed briefly and confirmed to be the correct amendment. The amendment passed with a vote of four in favor, and the bill was recommended to pass as amended with no further discussion.
HB778 1382s: Representative John McDonald, Cal County district 6, representing Wolfeboro and Tuftonboro Information Only00:25:00.559 - 12:23:11 PM; Representative McDonald introduced the bill, explaining its purpose to provide victims of crimes with free police reports. He mentioned that the bill passed the House on the consent calendar. He noted that stakeholders have been working on an amendment to improve the bill and requested a continuation of the hearing for another week to present the amendment, indicating a near consensus among stakeholders.
HB778 1382s: Step Anderson, Prosecutor, Merrimack County Attorney's Office Information Only00:26:12.559 - 12:24:23 PM; Step Anderson, a stakeholder involved in the amendment process, discussed concerns about the bill. He highlighted the potential impact on the defendant's right to a fair trial if victims receive police reports pre-trial, as victims could misuse the reports. He also expressed worries about the confidentiality of information in case files, including criminal records and medical records, which might need redaction before sharing. Anderson supports providing victims with information but prefers it to be post-trial and suggested amendments to address victim needs like informing employers or landlords about their status as a crime victim.
HB778 1382s: Pamela Kyg, Coalition against Domestic and Sexual Violence, New Hampshire Support00:34:31.719 - 12:32:42 PM; Pamela Kyg expressed support for the bill and gratitude towards the sponsor for bringing it forward. She mentioned that her organization is working with stakeholders on the amendment and hopes to see the bill move forward during this session. She offered to answer any questions or provide additional information.
HB109: Representative Dennis Manion, Rockingham 25, Salem Information Only00:35:23.079 - 12:33:34 PM; Representative Dennis Manion introduced HB109, explaining that it was previously filed as House Bill 400 last year but was split into two separate bills with modified language to lessen the penalties. The bill aims to add two sections to the statute concerning filing false reports against law enforcement officers: one for misconduct, which would be a misdemeanor, and another for criminal conduct, which would be a Class A misdemeanor. He clarified that the bill targets knowingly false allegations and does not expect it to have a chilling effect on legitimate complaints. He also discussed the origin of the bill from his experiences as a law enforcement officer and the need for a deterrent against false allegations. He agreed to consider striking the 'baseless information' section from the bill, as he believed 'false' would cover it.
HB59: Representative Dennis Manion, Rockingham 25, Salem Support00:46:25.920 - 12:44:36 PM; Representative Manion supports HB59, which he describes as a continuation of a previous bill. The bill aims to enhance penalties for assaults on public safety officials, including firefighters, EMS personnel, and police officers. It proposes making it a Class A misdemeanor to knowingly cause serious bodily injury to these individuals and a Class B misdemeanor for causing bodily injury. Manion argues that the bill sends a message to protect public safety officials, simplifies the legal process by not requiring enhanced penalty procedures, and helps in identifying individuals with a history of assaulting public safety officials. He clarifies that the bill does not introduce new concepts but gives these offenses their own statute.
HB59: Holly Stevens, Director of Public Policy at NAMI New Hampshire, National Alliance on Mental Illness Oppose00:50:11.960 - 12:48:22 PM; Holly Stevens opposes HB59 due to its potential negative impact on individuals with mental illness. She argues that the bill could lead to felony charges for those in mental health crises interacting with first responders, which she believes is punitive and disproportionate. Stevens highlights that under current law, police cannot arrest for misdemeanors unless committed in their presence or under specific conditions. She expresses concern that the bill would allow for warrantless arrests for simple assaults on first responders, potentially leading to more individuals with mental illness facing higher penalties and longer jail times without adequate treatment. Stevens also mentions a proposed amendment to change 'knowingly' to 'purposely' and remove provisions on the presumption of dangerousness, suggesting a study committee to assess the bill's impact over time.
HB59: Karen Rosenberg, Policy Director at the Disability Rights Center Oppose01:02:45.039 - 1:00:56 PM; Karen Rosenberg opposes HB59, echoing concerns about its impact on individuals with disabilities, including those with mental illness, Alzheimer's, dementia, and developmental disabilities. She argues that the current law already addresses assaults on first responders with enhanced penalties, questioning the necessity of the bill. Rosenberg highlights testimonies from first responders who felt their cases were not prosecuted adequately, but doubts the bill's effectiveness in reducing assaults or serving as a deterrent. She suggests studying the issue further if the bill passes and proposes removing the presumption of dangerousness to prevent unnecessary harm to those with disabilities.
HB59: Public Commenter Support01:08:46.600 - 1:06:57 PM; The public commenter supports HB59, emphasizing its aim to protect first responders from deliberate harm. They discuss the difference between 'purposely' and 'knowingly,' suggesting that the bill should clearly define these terms to ensure proper application. The commenter also addresses the issue of mentally ill individuals, suggesting that while they need treatment, violent behavior must be managed, possibly through restraint until treatment can be provided. They argue that the bill's main purpose is to deter attacks on first responders, highlighting the seriousness of such crimes and the need for strong legal measures.
HB59: Kate Horan, New Hampshire Association of Counties Information Only01:13:27.520 - 1:11:38 PM; Kate Horan clarifies that county correctional facilities are prohibited from forcibly restraining anyone, addressing a point raised during the hearing.

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