HB 59-FN - AS INTRODUCED

2025 SESSION

25-0026

09/08

HOUSE BILL 59-FN

AN ACT relative to the assault of a firefighter, emergency medical care provider, or law enforcement officer.

SPONSORS: Rep. D. Mannion, Rock. 25; Rep. S. Pearson, Rock. 13; Rep. Proulx, Hills. 15; Rep. Roy, Rock. 31; Rep. Seidel, Hills. 29; Sen. Abbas, Dist 22

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill establishes felony-level offenses for assaults on firefighters, emergency medical care providers, and law enforcement and for assaults specifically targeting law enforcement officers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25-0026

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT relative to the assault of a firefighter, emergency medical care provider, or law enforcement officer.

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

1  New Subparagraph; Criminal Code; First Degree Assault; Elements of Offense.  Amend RSA 631:1, I by inserting after subparagraph (d) the following new subparagraph:

(e)  Knowingly or recklessly causes a serious bodily injury to law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V, acting in the line of duty; or commits such an act against a law enforcement officer whether or not the officer is on duty, where the purpose was to harm the officer because of his or her present or previous employment as a law enforcement officer.

2  New Paragraph; First Degree Assault; Arrest and Bail.  Amend RSA 631:1 by inserting after paragraph III the following new paragraph:

IV.  A law enforcement officer who has probable cause to believe that a person has violated subparagraph I(e) may immediately arrest such person, without a warrant, and shall cause such person to be brought before a judge or magistrate, either in person or otherwise, for a determination of bail.  If the court finds probable cause to believe such person has violated subparagraph I(e), that finding shall constitute prima facie evidence that the defendant is dangerous under RSA 597:2, III(a)(1).

3  New Subparagraph; Criminal Code; Second Degree Assault; Elements of Offense.  Amend RSA 631:2, I by inserting after subparagraph (f) the following new subparagraph:

(g)  Knowingly or recklessly causes bodily injury or unprivileged physical contact to a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V, acting in the line of duty; or commits such an act against a law enforcement officer whether or not the officer is on duty, where the purpose was to harm the officer because of his or her present or previous employment as a law enforcement officer.

4  New Paragraph; Criminal Code; Second Degree Assault; Arrest and Bail.  Amend RSA 631:2 by inserting after paragraph III the following new paragraph:

IV.  A law enforcement officer who has probable cause to believe that a person has violated subparagraph I(g) may immediately arrest such person, without a warrant, and shall cause such person to be brought before a judge or magistrate, either in person or otherwise, for a determination of bail.  If the court finds probable cause to believe such person has violated subparagraph I(g), that finding shall constitute prima facie evidence that the defendant is dangerous under RSA 597:2, III(a)(1).

5  Extended Term of Imprisonment.  Amend RSA 651:6, I(g) to read as follows:

(g)  Has knowingly committed or attempted to commit any of the crimes defined in RSA 631, other than a violation of RSA 631:1, I(e) or RSA 631:2, I(g), where he or she knows the victim was, at the time of the commission of the crime, a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V acting in the line of duty;

6  Effective Date.  This act shall take effect January 1, 2026.

LBA

25-0026

10/16/24

HB 59-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the assault of a firefighter, emergency medical care provider, or law enforcement officer.

FISCAL IMPACT:  

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