Bill Text: NH HB138 | 2017 | Regular Session | Introduced


Bill Title: Relative to persons held in civil contempt.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2017-11-30 - Died on Table [HB138 Detail]

Download: New_Hampshire-2017-HB138-Introduced.html

HB 138 - AS INTRODUCED

 

 

2017 SESSION

17-0093

09/06

 

HOUSE BILL 138

 

AN ACT relative to persons held in civil contempt.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Sen. Daniels, Dist 11; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill declares that no person shall be incarcerated for civil contempt without there being a finding that the person has the liquid assets to satisfy the contempt penalty.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0093

09/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to persons held in civil contempt.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Penalties for Civil Contempt Restricted.  Amend RSA 491 by inserting after section 22-c the following new section:

491:22-d  Penalties; Civil Contempt.  Notwithstanding any other provision of law, no court may incarcerate any citizen of this state and the United States for civil contempt without there first being a finding of fact that the person has the liquid assets to satisfy the contempt without borrowing money or incurring financial penalties to access financial instruments.  In addition, no person shall be required to sell a principal residence or sole motor vehicle to satisfy a finding of civil contempt.

2  Effective Date.  This act shall take effect January 1, 2018.

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