New Hampshire HB 1139: relative to criminal trespass on secured premises.

Bill Text

HB 1139-FN - AS INTRODUCED

2026 SESSION

 26-2319

 09/08

HOUSE BILL 1139-FN

AN ACT relative to criminal trespass on secured premises.

SPONSORS: Rep. Aylward, Merr. 5; Rep. Fracht, Graf. 16

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill amends the definition of secured premises for the purpose of the offense of criminal trespass, and provides additional requirements for property owners to establish a part of their property as a secured premises.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2319

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to criminal trespass on secured premises.

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

 1 Criminal Trespass; Secured Premises. Amend RSA 635:2, III(b)(1) to read as follows: 

 (1) In any secured premises, knowing that the area entered or remained in was a secured premises; 

 2 Criminal Trespass; Secured Premises. Amend RSA 635:2, V to read as follows: 

 V. In this section, "secured premises" means any [place] private property which is posted in a manner that complies with RSA 635:4 [prescribed by law or in a manner reasonably likely to come to the attention of intruders], or which is fenced or otherwise enclosed in a manner designed to exclude intruders. 

 3 Unauthorized Entries; Prescribed Manner of Posting. Amend RSA 635:4 to read as follows: 

 635:4 Prescribed Manner of Posting. 

 I. A person may post his land to prohibit criminal trespass and physical activities by posting signs of durable material with any words describing the physical activity prohibited, such as "No Hunting or Trespassing", printed with block letters no less than 2 inches in height, and with the name and address of the owner or lessee of such land. Such signs shall be posted not more than 100 yards apart on all sides and shall also be posted at gates, bars and commonly used entrances. This section shall not prevent any owner from adding to the language required by this section. 

 II. A notice or sign posted in compliance with this section shall:

 (a) Be clearly visible from any public road or commonly used access point; 

 (b) Be posted on or within the boundaries of private property; and

 (c) Clearly communicate that the property is private and access is restricted. 

 III. Compliance with the factors in paragraph II may be considered by the finder of fact in any case where there is a dispute regarding whether a premises was adequately posted or whether proper notice was given.

 IV. In cases where access to the premises is commonly used by the public, such as walking trails, lakes, or recreational areas, landowners shall make reasonable efforts to provide access or alternative routes for lawful use where such access does not interfere with the owner’s legitimate interests in restricting other uses of the premises. 

 4 Effective Date. This act shall take effect 60 days after its passage.

 LBA

 26-2319

 11/3/25

HB 1139-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to criminal trespass on secured premises.

FISCAL IMPACT: 

 Estimated State Impact

FY 2026

FY 2027

FY 2028

FY 2029

 Revenue

$0

$0 

$0 

$0 

 Revenue Fund

None

 Expenditures*

Indeterminable

 Funding Source

General Fund

 Appropriations*

$0 

$0 

$0 

$0 

 Funding Source

None

 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

 Estimated Political Subdivision Impact

FY 2026

FY 2027

FY 2028

FY 2029

 County Revenue

$0 

$0 

$0 

$0 

 County Expenditures

Indeterminable

 Local Revenue

$0 

$0 

$0 

$0 

 Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association