Committee Summary for Senate Judiciary (05/15/2025)

Bill/Time	Type	Title	Sponsor
HP57 00:03:02.239 - 2:31:03 PM	Public Hearing	relative to post-secondary educational opportunities for individuals under administrative home confinement	Likely Text to Speech Error on Bill #
HP480 00:12:11.120 - 2:40:12 PM	Public Hearing	relative to competency restoration for persons charged with a criminal offense	Likely Text to Speech Error on Bill #
HP480 00:23:10.400 - 2:51:11 PM	Executive Session	Unclear	Likely Text to Speech Error on Bill #
HB143 00:25:02.799 - 2:53:03 PM	Public Hearing	relative to the issuance of no trespass orders on municipal or school district property.	Harvey-Bolia, Juliet(R)[A]2024
HB520 00:46:54.240 - 3:14:55 PM	Public Hearing	relative to authorizing hearing officers of the department of education to issue subpoenas.	Lynn, Bob(R)[A]2024
HB376 01:11:49.360 - 3:39:50 PM	Public Hearing	specifying that library user information exempted from disclosure in the right-to-know law includes information regarding library cards and library membership status.	Mazur, Lisa(R)[A]2024
HB387 01:35:34.560 - 4:03:35 PM	Executive Session	relative to balloons being released into the air.	Wall, Janet(D)[CT]2024
HB148 01:38:48.840 - 4:06:49 PM	Executive Session	permitting classification of individuals based on biological sex under certain circumstances.	Kofalt, Jim(R)[A+]2024
HB343 01:41:06.239 - 4:09:07 PM	Executive Session	relative to reporting regarding the northern border alliance program.	Murray, Alissandra(D)[D-]2024
HB301 01:42:19.760 - 4:10:20 PM	Executive Session	relative to cultivation locations for alternative treatment centers.	Vail, Suzanne(D)[CT]2024

HP57: Representative Muse Support00:03:02.239 - 2:31:03 PM; Representative Muse introduced HP57, which was requested by the Department of Corrections. The bill aims to allow individuals under administrative home confinement to participate in post-secondary educational opportunities in the community where they have been accepted for enrollment. This includes college courses, vocational schools, and universities. The current law permits employment and public service outside their home, but the bill seeks to add educational opportunities to the statute. It does not change eligibility, the process, or any other aspects of the law or the Department's policies. Those under home confinement are monitored by the Division of Field Services, and tuition payments are the responsibility of the inmates. Research by the Rand Corporation and Vera Institute shows that such programs reduce recidivism rates by 43-48% and increase employment rates by 10%.
HP57: Nicholas Duffy, Director of Rehabilitative Services Support00:08:24.400 - 2:36:25 PM; Nicholas Duffy, Director of Rehabilitative Services, supported the bill, emphasizing that it does not change eligibility requirements for administrative home confinement but adds the ability for approved individuals to attend post-secondary education. Participants still need to ensure they have appropriate housing, a way to support themselves, and community support. Duffy confirmed that individuals with certain offenses are not eligible for the program.
HP57: Janelle Lant, University of Massachusetts Chan Medical School Support00:10:14.519 - 2:38:15 PM; Janelle Lant, a psychology researcher from the University of Massachusetts Chan Medical School, testified in support of the bill. She highlighted the value of pro-social activities like education for justice-involved individuals, suggesting that such opportunities empower them to make more positive choices.
HP480: Reverend Mark Pearson Information Only00:12:11.120 - 2:40:12 PM; Reverend Mark Pearson introduced HP480, which addresses competency restoration for individuals charged with a criminal offense but found incompetent to stand trial. The bill proposes two methods for assistance: hiring forensic liaisons to facilitate attendance at evaluations and treatments, and contracting service providers for competency restoration. Pearson noted that New Hampshire's current restoration rate is lower than states with focused programs. The bill's proponents and the Department of Health and Human Services agree that the bill should be re-referred for further refinement due to budget constraints and the need for a more comprehensive plan, rather than being defeated.
HP480: Holly Stevens, NAMI New Hampshire Support00:17:24.480 - 2:45:25 PM; Holly Stevens, Director of Public Policy at NAMI New Hampshire, supported re-referring HP480 due to the state's tight budget and the need for further refinement of the bill. NAMI New Hampshire believes that a competency restoration program is crucial, as the lack of such services leads to reincarceration, homelessness, or institutionalization for those found incompetent to stand trial. They aim to develop a pilot program that can effectively address these issues.
HP480: Chanel Llant Support00:19:02.679 - 2:47:03 PM; Chanel Llant, who previously worked as the chief of psychiatry assistant at the Alaska Psychiatric Institute, supports House Bill 480. She highlighted her experience working with forensic psychologists and observing competency evaluations. Llant mentioned her collaboration with the study committee and her outreach to other states about their competency restoration processes. She specifically praised Colorado's forensic navigator program, noting its pivotal role in the success of their competency restoration program. She also mentioned scientific literature supporting the use of forensic navigators and advocated for taking extra time to consider comprehensive competency restoration programs.
HP480: Karen Rosenberg, Disability Rights Center Support00:21:05.840 - 2:49:06 PM; Karen Rosenberg, policy director at the Disability Rights Center, supports the re-referral of House Bill 480. She introduced Hannah Roberts, a former public defender and current staff attorney at the Disability Rights Center, as an expert on the topic. Rosenberg emphasized the need for further development of the proposed liaison program, suggesting areas such as trust development with defendants, recommended services, and data collection to assess barriers to treatment and evaluations. They hope to contribute to these areas to help the committee make evidence-based decisions on the future of the program.
HP480: Committee Vote00:23:10.400 - 2:51:11 PM; The committee moved to re-refer House Bill 480 and the motion was seconded and passed.
HB143: Juliet Harvey Bolia, Belknap 3 Support00:25:02.799 - 2:53:03 PM; Juliet Harvey Bolia introduced House Bill 143, which addresses the lack of due process in issuing no trespass orders. She explained that unlike speeding tickets, no trespass orders do not currently provide clear instructions for appeal. Bolia cited examples from other states and the Massachusetts ACLU, which stress the importance of due process for such orders. She referenced several cases, including the 2014 Jeffrey Pendleton case, a 2022 incident involving a resident banned from a transfer station, and a 2024 case involving the B parents, to illustrate the need for due process. She mentioned that the House passed the bill almost unanimously, with a change to specify the decision-making process by the governing body.
HB143: Eric Power, Brooklyn Support00:32:43.440 - 3:00:44 PM; Eric Power, president of the School District Governance Association and a former member of the Pollen Cooperative School Board, supports House Bill 143. He argued that no trespass orders on public property can deny individuals their rights without a standard process, review, or time limit. He mentioned instances during the pandemic where no trespass orders were used against individuals not wearing masks, often without the knowledge of governing bodies. Power discussed a case in Brooklyn where a resident was banned from the transfer station for over 30 months. He suggested that a 90-day limit for no trespass orders on public property, as proposed in the bill, is reasonable and recommended considering whether a majority or supermajority vote should be required for issuing such orders.
HB143: Sarah Burke Cohen, New Hampshire Municipal Association Oppose00:36:55.200 - 3:04:56 PM; Sarah Burke Cohen of the New Hampshire Municipal Association opposes House Bill 143 as amended, citing logistical and safety concerns. She argued that the 20-day period for an appeal hearing is too short, particularly for smaller municipalities that meet less frequently. Cohen also mentioned the need for police presence at such hearings due to the disruptive nature of individuals typically receiving no trespass orders, which could be costly for smaller communities. She discussed the potential privacy issues under RSA 91A and the implications of a governing body overturning a decision made by a town administrator or superintendent. Cohen noted that an appeal process already exists through criminal trespass charges and suggested that while the association opposes the current bill, they would not be adverse to further work on the legislation.
HB143: Elizabeth Sergeant, Champany Capital Group, New Hampshire Association of Chiefs of Police Oppose00:44:38.160 - 3:12:39 PM; Elizabeth Sergeant spoke on behalf of the New Hampshire Association of Chiefs of Police, expressing opposition to HB143. She noted that the bill raises significant concerns for law enforcement, particularly regarding the process of issuing and handling no trespass orders on public property. Key issues include the lack of clarity on whether no trespass orders remain active during the appeal process, the legality of arrests for violations during pending appeals, and the definition of an affirmative defense in such situations. She mentioned that the bill would create new requirements for police to produce written orders with supporting facts, indicating a need for further discussion over the summer.
HB520: Bob Lynn, State Representative from Windham Support00:46:54.240 - 3:14:55 PM; Bob Lynn, a state representative from Windham, supported HB520, which would grant the Department of Education subpoena power in professional licensing disciplinary investigations. He argued that regulatory agencies should have the ability to compel information or witness testimony. He noted that many other agencies and states have this authority, and while there haven't been extensive problems, there was at least one case where a school district hindered the investigation process. He addressed concerns about due process, stating that it is established that an agency can serve both investigative and adjudicative functions.
HB520: Caitlyn Katab, State Representative Support00:52:40.960 - 3:20:41 PM; Caitlyn Katab supported HB520, emphasizing its importance in keeping children safe in schools. She argued that the Department of Education needs subpoena power to investigate serious allegations like sexual assault or failure to supervise, which can result in physical harm. She cited a case where a former special education teacher convicted of child rape and indecent battery delayed the suspension of his educator license due to the department's inability to secure necessary documents. She noted that surrounding states and other professional licenses in New Hampshire already have this authority.
HB520: Brian Hawkins, NEA New Hampshire Oppose00:55:58.680 - 3:23:59 PM; Brian Hawkins, representing NEA New Hampshire, opposed HB520, stating it was unnecessary. He mentioned previous hearings where the Department of Education confirmed no instances where they couldn't obtain needed information. He expressed concern that the bill lacks provisions for educators to issue subpoenas during the investigatory phase, which he argued is inconsistent with due process. Hawkins also noted the broad language of the bill, which is not restricted to certain code of conduct violations and could apply to an ever-expanding list of offenses.
HB520: Deborah H., President of the American Federation of Teachers New Hampshire Oppose01:00:10.960 - 3:28:11 PM; Deborah H., President of the American Federation of Teachers New Hampshire, opposed HB520, arguing it's a solution in search of a problem. She noted that only a small number of misconduct cases annually are serious enough to consider revoking credentials, and the department typically obtains necessary information. She highlighted that the bill does not apply to non-credentialed staff, which could be a safety concern. She expressed concerns about the potential misuse of subpoena power for a 'witch hunt' against educators over non-safety related issues.
HB520: Diana Fenton, Attorney with the Department of Education Support01:05:53.599 - 3:33:54 PM; Diana Fenton, an attorney with the Department of Education, supported HB520, emphasizing its necessity for handling educator misconduct investigations. She explained that while the department works well with districts, there are instances where the department cannot access investigation reports, which are the district's work product. She mentioned a current matter where the department is hindered by the lack of access to a report. Fenton stressed the seriousness with which the department takes these cases and the need for subpoena power to access critical information.
HB520: Eric Power, from Brookline, former school board member in Hollis Brookline Cooperative School District Support01:09:13.839 - 3:37:14 PM; Eric Power, from Brookline and a former school board member in the Hollis Brookline Cooperative School District, supported HB520. He emphasized the importance of the bill in keeping children safe and ensuring that the Department of Education can efficiently conduct investigations. He noted that school boards often lack visibility into investigations, and subpoena power would ensure full cooperation. He highlighted that surrounding states and other professions already have this authority.
HB376: Lisa Maer, State Representative from Hillsborough District 44, representing Goffstown and Weare Support01:11:49.360 - 3:39:50 PM; Lisa Maer, a state representative from Hillsborough District 44 representing Goffstown and Weare, supported HB376. She explained that the bill revises an exemption in the current right to know law to include library cards and membership status. She cited a case where a public library mistakenly released library cards in response to a right to know request, leading to the publicizing of personal information. Maer emphasized the need for this clarification to prevent future privacy violations, noting that the bill passed the House on consent and received support from Right to Know New Hampshire.
HB376: Eric Power, Brooklyn Support01:14:25.159 - 3:42:26 PM; Eric Power shared a personal experience where his library membership information was leaked after he expressed opposition to a drag queen event at the library, which he believed was funded by tax dollars. He feels that the current law is too loose, allowing for such retaliatory actions. He supports HB376 as he believes it will prevent similar incidents by ensuring confidentiality and preventing misuse of personal information.
HB376: DJ Withers, Windham Oppose01:15:27.360 - 3:43:28 PM; DJ Withers, a former state representative, corporate attorney, and library trustee, opposes HB376. He argues that the bill is not genuinely about libraries or privacy but is a response to a specific local election issue in Goffstown. Withers criticizes the bill for failing to address the core issue of privacy invasion as defined by the current law and for attempting to protect non-existent government records. He provided a legal opinion from Goffstown's attorney to support his argument that the bill does not effectively change the law to achieve its stated purpose.
HB376: Timothy Oregon, Straford County District 10 Oppose01:31:35.480 - 3:59:36 PM; Representative Timothy Oregon expressed opposition to HB376, citing concerns about the current political climate and attacks on libraries. He believes that no changes should be made to library laws at this time, especially with the impending effect of another bill, HB324. Oregon argues that library trustee elections should consider whether candidates are library users, suggesting that voters can ask candidates directly about their library card status. He also emphasized the importance of library users having the freedom to use library resources without interference.
HB387: Committee Member Vote01:35:34.560 - 4:03:35 PM; The committee discussed HB387, which aims to regulate the release of balloons into the environment. Concerns were raised about the enforceability of the bill, as it would be difficult to determine who released balloons and how many. Suggestions were made to remove the penalty section and instead use educational tags on balloons to inform the public about the environmental impact. Ultimately, the committee voted 3-1 to recommend Inexpedient to Legislate (ITL) for HB387.
HB148: Committee Member Vote01:38:48.840 - 4:06:49 PM; The committee discussed HB148, which deals with the classification of individuals based on biological sex. A motion was made to recommend Ought to Pass, which passed with a vote of 3-1. The discussion highlighted that the topic had been extensively debated in other contexts, and it was suggested that further discussion could occur on the floor.
HB343: Committee Member Vote01:41:06.239 - 4:09:07 PM; The committee discussed HB343, which pertains to reporting on the Northern Border Alliance. A motion was made to recommend Inexpedient to Legislate (ITL), which passed unanimously with all four members voting in favor.
HB301: Committee Member Vote01:42:19.760 - 4:10:20 PM; The committee discussed HB301, which aims to expand cultivation locations for alternative treatment centers. A motion was made to recommend Inexpedient to Legislate (ITL), which passed with a vote of 3-1. The discussion highlighted the potential benefits of increased cultivation for patient access but ultimately favored the ITL recommendation.

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