New Hampshire HB 1740: relative to costs of blood testing orders.

Bill Text

HB 1740-FN - AS INTRODUCED

2026 SESSION

 26-2712

 09/08

HOUSE BILL 1740-FN

AN ACT relative to the protection of persons from domestic violence.

SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Belcher, Carr. 4; Rep. Bernardy, Rock. 36; Rep. Comtois, Belk. 7; Rep. DeRoy, Straf. 3; Rep. D. Kelley, Hills. 32; Rep. Perez, Rock. 16; Rep. Sirois, Hills. 32

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill revises the standards and processes for the issuance of orders of protection in domestic violence, law enforcement response, and relationship to criminal proceedings. This bill further establishes a domestic violence law enforcement training and support fund.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2712

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the protection of persons from domestic violence.

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

 1 Protection of Persons from Domestic Violence. RSA 173-B is repealed and reenacted to read as follows: 

CHAPTER 173-B

PROTECTION OF PERSONS FROM DOMESTIC VIOLENCE

 173-B:1 Definitions. 

 In this chapter: 

 I. “Abuse” means the commission or attempted commission of any of the following criminal acts by a family or household member or by a current or former sexual or intimate partner:

 (a) Assault or reckless conduct (RSA 631:1 through 631:3);

 (b) Criminal threatening (RSA 631:4);

 (c) Sexual assault (RSA 632-A:2 through 632-A:5);

 (d) Interference with freedom (RSA 633:1 through 633:3-a);

 (e) Interference with custody (RSA 633:4); 

 (f) Destruction of property (RSA 634:1 and 634:2);

 (g) Unauthorized entry (RSA 635:1 and 635:2);

 (h) Harassment (RSA 644:4);

 (i) Cruelty to animals (RSA 644:8).

 II. “Contact” means any action to communicate directly or indirectly with another person, including, but not limited to, electronic communication, leaving items, or causing a third party to communicate on one's behalf.

 III. “Deadly weapon” means as defined in RSA 625:11, V.

 IV. “Domestic violence” means abuse as defined in paragraph I of this section.

 V. “Family or household member” means:

 (a) Spouses, ex-spouses, current or former cohabitants;

 (b) Parents and other persons related by blood or marriage, excluding minor children who reside with the defendant.

 VI. “Firearm” means any weapon, including a starter gun, that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.

 VII. “Foreign protective order” means an order enforceable under RSA 173-B:13.

 VIII. “Intimate partners” means individuals currently or formerly engaged in a romantic relationship, regardless of sexual activity.

 IX. “Cross orders for relief” means separate orders granted to each party in a domestic violence situation where each has filed a petition based on the same incident or incidents.

 X. “Mutual order for relief” means a single order restraining both parties, originating from a petition filed by one party, based on the same incident or incidents.

 173-B:2 Mandatory Law Enforcement Response. 

 I. When a law enforcement agency receives a report alleging abuse under RSA 173-B:1, I, it shall:

 (a) Dispatch an officer to investigate;

 (b) Create a written investigative report;

 (c) Collect and preserve evidence;

 (d) Interview witnesses;

 (e) Photograph visible injuries and property damage; and

 (f) Provide the victim with a free copy of the report upon request.

 II. No agency shall refer the complainant to civil court as a substitute for criminal investigation. Civil protective orders may supplement, but not replace, criminal processes.

 III. The agency shall forward the report to the appropriate prosecuting authority within 24 hours.

 173-B:3 Arrest Authority and Mandatory Arrest. 

 I. An officer shall arrest a person when probable cause exists to believe they have committed abuse under this chapter, regardless of whether the abuse was witnessed.

 II. Arrest shall occur within 12 hours of establishing probable cause, unless:

 (a) The suspect cannot be located after reasonable effort;

 (b) The suspect is hospitalized or medically incapacitated;

 (c) Exigent circumstances prevent arrest.

 III. If probable cause exists for multiple individuals, each shall be arrested independently. Mutual allegations or claims of self-defense shall not preclude arrest where probable