Criminal Justice (Domestic Violence)

This bill requires all New Hampshire law enforcement agencies to use a standardized lethality assessment tool (LAP) during responses to suspected domestic violence incidents, violations of protective orders, and stalking cases involving domestic violence. It mandates that officers administer the LAP screening with victims and submit the results to the court at the defendant's arraignment. Currently, participation in the LAP program is voluntary, with only about 45% of departments reporting data; this bill makes statewide use mandatory. The policy directly affects police departments, victims in these cases, and court proceedings by ensuring consistent assessment of risk during critical early stages of investigations.

HB 1547 requires defendants charged with specific misdemeanors - including misdemeanor sexual assault involving minors, class A misdemeanor assault, and misdemeanor stalking - to choose within 30 days of arraignment: either appeal to superior court for a jury trial or proceed in circuit court with a waived right to a jury trial. Circuit courts cannot move forward with a trial under the waiver option without confirming the defendant knowingly and voluntarily gave up their jury trial right through a court discussion. The bill applies only to these three offense types and modifies existing appeal rules to clarify that superior courts handle jury trial appeals for these cases. It does not change sentencing or create new costs, as noted in the fiscal impact statement.

HB 1454 makes it a crime to possess a firearm after a court orders you to surrender all firearms and ammunition you owned or controlled. For a first offense, this is a class A misdemeanor; repeat violations are class B felonies. The bill also specifies that violating this court order counts as a qualifying offense for bail denial if the original court order was a domestic violence protection order (under RSA 173-B) or if the person faces separate domestic violence charges. It directly affects individuals subject to such court orders, particularly in domestic violence cases. The law applies to all firearms and ammunition subject to the court’s surrender requirement.

SB 555 creates "critical risk protection orders" to temporarily restrict access to firearms when someone poses an immediate risk of harm to themselves or others. It allows family members, household members, intimate partners, or law enforcement to petition a court for this order, requiring the respondent to surrender firearms and ammunition. The court can issue an emergency order without the respondent's immediate presence, followed by a hearing within 72 hours. This applies only to acute risk situations and excludes cases already covered under domestic violence laws (RSA 173-B or 633:3-a).