Bill Text: NH HB1608 | 2012 | Regular Session | Introduced
Bill Title: Relative to the issuance and enforcement of domestic violence protective orders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-02-01 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 13, PG.740 [HB1608 Detail]
Download: New_Hampshire-2012-HB1608-Introduced.html
HB 1608-FN – AS INTRODUCED
2012 SESSION
05/09
HOUSE BILL 1608-FN
AN ACT relative to the issuance and enforcement of domestic violence protective orders.
COMMITTEE: Criminal Justice and Public Safety
This bill limits the grounds for arrest and criminal contempt resulting from violation of a domestic violence protective order. The bill also removes a reference to the plaintiff’s authority to bring a criminal complaint for violation of the protective order.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2678
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the issuance and enforcement of domestic violence protective orders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Issuance of Protective Orders. Amend RSA 173-B:5, VII to read as follows:
VII. Both parties shall be issued written copies of any orders issued by the court, and all orders shall bear the following language: “A willful violation of this order is a crime, as well as contempt of court. Violations of the protective provisions shall result in arrest and may result in imprisonment.” Orders shall clearly state how any party can request a further hearing [and how the plaintiff may bring a criminal complaint or a petition for contempt if there is a violation of any court order].
2 Violation of Protective Order; Penalty. Amend RSA 173-B:9, I(a) to read as follows:
(a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter by committing an act of abuse, prohibited contact, or an offense against the plaintiff or person specified in the order, peace officers shall arrest the defendant and ensure that the defendant is detained until arraignment, provided that in extreme circumstances, such as when the health of the defendant would be jeopardized by the temporary detention, a judge in response to a request by the arresting law enforcement officer or agency, may order an alternative to detention pending arraignment. Such arrests may be made within 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.
3 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2678
12/15/11
HB 1608-FN - FISCAL NOTE
AN ACT relative to the issuance and enforcement of domestic violence protective orders.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2012 through 2016.
