Criminal Justice

HB 1499 would expand eviction grounds under New Hampshire's landlord and tenant law by adding three specific conditions: (1) a tenant or occupant being unlawfully present in the U.S., (2) a recent conviction (within 3 years) for certain violent crimes or drug offenses, or (3) being a registered sexual offender under state law. This bill directly affects tenants who meet these criteria, allowing landlords to seek eviction based on these new grounds. The key provision modifies the existing statute to include these three categories as valid reasons for termination of tenancy. The bill takes effect 60 days after passage and does not require new state funding.

SB 625 allows immediate family members (parents, spouses, or children) of homicide victims to request an evidentiary hearing when the Department of Justice (DOJ) does not file criminal charges or seek a retrial after a hung jury in a homicide case. Families must first request a written explanation from the DOJ for not filing charges, and if they believe probable cause exists, they can petition a superior court to review the DOJ’s decision. The court will assess whether the evidence supports charging a suspect, potentially requiring the DOJ to provide investigative reports for private review and holding a hearing to evaluate witness credibility. If the court finds probable cause, it will recommend prosecution to the DOJ but only inform the family that probable cause exists - not the detailed recommendation.

HB 1609 prohibits New Hampshire state, county, and municipal governments from using public funds or property to build, operate, or pay for immigrant detention facilities, particularly those managed by private companies. It bans spending on construction, renovation, repurposing public property for detention, selling public property for such use, and making payments to private detention operators. The bill does not affect existing 287(g) agreements between local law enforcement and federal immigration authorities or the provision of health and safety services to detained individuals. Counties may face potential revenue losses if they stop cooperating with federal immigration programs, but municipalities are not expected to have financial impacts.

This bill establishes a mandatory minimum sentence of 10 years to life imprisonment for anyone who distributes certain controlled drugs (including methamphetamine, PCP, and other Schedule I or II drugs) when death results from the person's use of those substances. It requires that the death must be directly caused by the injection, inhalation, or ingestion of the distributed drug, and prohibits using the decedent's own drug use as a defense. The bill amends the Controlled Drug Act to create this mandatory sentence, clarifying it applies when the distributor's actions are a direct cause of death. It does not prevent other prosecutions for homicide or related drug offenses. The bill would take effect on January 1, 2026.