New Hampshire HB 1651: establishing sexual assault orders of protection and relative to sexual assault survivors' rights.

Bill Text

HB 1651-FN - AS AMENDED BY THE SENATE

5Mar2026... 0139h

05/07/2026 1814s

2026 SESSION

 26-3104

 09/08

HOUSE BILL 1651-FN

AN ACT establishing sexual assault orders of protection and relative to sexual assault survivors' rights.

SPONSORS: Rep. Rhodes, Ches. 17; Rep. Simpson, Rock. 33; Rep. A. Murray, Hills. 20; Rep. Meuse, Rock. 37; Rep. E. Kelly, Merr. 8; Rep. Nelson, Rock. 13; Rep. Kuttab, Rock. 17; Rep. Rice, Hills. 38; Rep. N. Murphy, Hills. 12; Rep. Roy, Rock. 31; Sen. Perkins Kwoka, Dist 21; Sen. Gannon, Dist 23; Sen. Ricciardi, Dist 9; Sen. Birdsell, Dist 19

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill establishes sexual assault orders of protection and updates certain rights for sexual assault survivors.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Mar2026... 0139h

05/07/2026 1814s 26-3104

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT establishing sexual assault orders of protection and relative to sexual assault survivors' rights.

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

 1 New Section; Sexual Assault and Related Offenses; Sexual Assault Protective Order. Amend RSA 632-A by inserting after section 5 the following new section: 

 632-A:5-a Sexual Assault Protective Order. 

 I. A person may file a civil petition in the circuit court in the district where the plaintiff or defendant resides to seek relief from the court upon demonstrating, by a preponderance of the evidence, they have been the victim of sexual assault as defined in this chapter. Upon a showing of sexual assault, the court shall grant such relief against the actor as is necessary to protect the physical, psychological or emotional wellbeing of the victim. The types of relief that may be granted, the procedures and burdens of proof to be applied in such proceedings, the methods of notice, service, and enforcement of such orders, and the penalties for violation thereof shall be the same as those set forth in RSA 173-B. 

 II. The minority of a plaintiff or defendant shall not preclude the court from issuing protective orders under this section. 

 III. Any order under this section shall be for a fixed period of time not to exceed one year, but may be extended by order of the court upon a motion by the plaintiff, showing good cause, with notice to the defendant, for one year after the expiration of the first order and thereafter each extension may be for up to 5 years, upon the request of the plaintiff and at the discretion of the court. The court shall review the order, and each renewal thereof and shall grant such relief as may be necessary to provide for the safety and well-being of the plaintiff. A defendant shall have the right to a hearing on the extension of any order under this paragraph to be held within 30 days of the extension. The court shall state in writing, at the respondent's request, its reason or reasons for granting the extension. The court shall retain jurisdiction to enforce and collect the financial support obligation which accrued prior to the expiration of the protective order. 

 IV. (a) A protective order issued pursuant to this section shall not be construed to prohibit an attorney, or any person acting on the attorney's behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this section, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; and ensures that any personal contact with the plaintiff occurs outside of the defendant's presence, unless the court has modified the protective order to permit such contact. 

 (b) A violation of this paragraph may result in a finding of contempt of court. 

 V. Notwithstanding RSA 594:10, any law enforcement officer shall arrest, without a warrant, any person that the officer has probable cause to believe has violated the provisions of this section when the offense occurred within 12 hours, regardless of whether the crime occurred in the presence of the officer. 

 VI.(a) A person shall be guilty of a class A misdemeanor if such person knowingly violates a protect