New Hampshire SB 409: relative to the penalties for the offense of disobeying an officer and relative to liability of governmental units.

Bill Text

SB 409-FN - AS AMENDED BY THE HOUSE

14May2026... 1773h

14May2026... 1389h

14May2026... 1964h

14May2026... 1961h

2026 SESSION

 26-2177

 09/08

SENATE BILL 409-FN

AN ACT relative to the penalties for the offense of disobeying an officer and relative to liability of governmental units., and relative to liability of governmental units.

SPONSORS: Sen. Gannon, Dist 23; Sen. McGough, Dist 11; Sen. Innis, Dist 7; Sen. Lang, Dist 2; Sen. McConkey, Dist 3; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Rep. Weyler, Rock. 14; Rep. Rice, Hills. 38; Rep. L. Walsh, Rock. 15; Rep. Bernardy, Rock. 36; Rep. Rhodes, Ches. 17

COMMITTEE: Judiciary

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AMENDED ANALYSIS

 This bill:

 I. Amends the penalties for the offense of disobeying an officer.

 II. Modifies the standards and amounts for which a governmental unit may be held liable for negligence resulting in personal injury or property damage.

 III. Establishes for students, student organizations, and faculty members of publicly funded New Hampshire colleges and universities the right to certain due process protections when disciplinary proceedings are brought against them by such institutions, and addresses the provisions' applicability to collective bargaining agreements.

 IV. Requires political subdivisions to indemnify employees absent wanton on reckless conduct for negligent conduct resulting in personal injury or property damage, if the action was within the scope of the employment.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14May2026... 1773h

14May2026... 1389h

14May2026... 1964h

14May2026... 1961h 26-2177

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the penalties for the offense of disobeying an officer and relative to liability of governmental units., and relative to liability of governmental units.

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

 1 Disobeying an Officer; Penalties. Amend RSA 265:4, II-III to read as follows:

 II. Any person who violates any provision of paragraph I of this section may have his or her license or privilege to drive and any registrations issued in his or her name suspended. 

 III. In addition to the penalty listed in paragraph II:

 (a) Any person who violates the provisions of subparagraphs I (a), (b), (d), (e), or (f) of this section shall be guilty of a class A misdemeanor. 

 [III.(a) In addition to the penalties listed in paragraph II,] (b) Any person who violates the provisions of subparagraph I(c) shall be guilty of a class B felony who, at the time of the offense alleged: 

 (1) Drives or operates at a speed more than 30 miles per hour in excess of the prima facie limit;

 (2) Extinguishes the vehicle's exterior lighting to evade detection;

 (3) Operates a vehicle against the designated flow of traffic on a one-way street, divided highway, or off-ramp;

 (4) Intentionally causes a collision with, or damage to, a law enforcement vehicle with the intent to disable said vehicle or elude apprehension; or

 (5) Engages in any other extrahazardous behavior in addition to refusing to stop, that is intended to evade apprehension which a reasonable person would know creates a substantial risk of death or serious bodily injury to the officer, the person, or the general public [A misdemeanor and shall be fined not less than $500]. 

 [(b)] (c) Any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle [accident] collision which causes serious bodily injury as defined in RSA 625:11, VI [while being pursued], shall be guilty of a class B felony. 

 [(c)] (d) Any person who violates the provisions of subparagraph I(c), and is involved in a motor vehicle [accident] collision which causes the death of another, shall be guilty of a class A felony. 

 2 New Chapter; Due Process Protections for Students, Student Organizations, and Faculty Members of New Hampshire Public Post-Secondary Education Institutions. Amend RSA by inserting after chapter 188-J the following new chapter: 

CHAPTER 188-K

DUE PROCESS PROTECTIONS FOR STUDENTS, STUDENT ORGANIZATIONS, AND FACULTY MEMBERS OF NEW HAMPSHIRE PUBLIC POST-SECONDARY EDUCATION INSTITUTIONS

 188-K:1 Declaration of Purpose. The purpose of this chapter is to establish for students, student organizations, and faculty members of publicly funded New Hampshire colleges and universities the right to certain due process protections when disciplinary proceedings are brought against them by such institutions.

 188-K:2 Definitions. As used in this chapter: 

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