HB 143 - AS AMENDED BY THE HOUSE
6Mar2025... 0408h
6Mar2025... 0774h
2025 SESSION
25-0332
09/11
HOUSE BILL 143
AN ACT relative to the issuance of no trespass orders on municipal or school district property.
SPONSORS: Rep. Harvey-Bolia, Belk. 3; Rep. Osborne, Rock. 2; Rep. Pauer, Hills. 36; Rep. Peternel, Carr. 6; Rep. Terry, Belk. 7; Rep. Thibault, Merr. 25; Rep. Creighton, Hills. 30; Sen. McGough, Dist 11
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This law establishes the process for issuing, extending, and appealing no trespass orders for public properties, including but not limited to municipal and school properties.
This bill further establishes procedural safeguards for individuals affected by these orders, including the right to a hearing and appeal.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2025... 0408h
6Mar2025... 0774h 25-0332
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the issuance of no trespass orders on municipal or school district property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be cited to and known as the "No Trespass Orders on Public Property Act."
2 New Section; Criminal Trespass; Order Against Trespass on Public Property. Amend RSA 635 by inserting after section 2 the following new section:
635:2-a Order Against Trespass on Public Property.
I.(a) Any no trespass order (NTO) issued to a person which commands such person to leave or not to enter any public property, including, but not limited to, any municipal or school property, shall be written and shall include the following information:
(1) The date of issuance;
(2) The specific public property to which the order applies;
(3) A clear explanation of the reason for the NTO;
(4) The duration of the NTO, not to exceed 90 days;
(5) A statement informing the individual of the right to request a hearing, and if he or she requests a hearing, the right to appear at a hearing to contest the NTO;
(6) Instructions on how to request a hearing; and
(7) A statement informing the individual of his or her right to ultimately appeal the order to the superior court following the hearing.
(b) An individual issued an NTO shall have the right to a hearing to contest the NTO upon written request. Any request for a hearing shall be in writing and requested no later than 20 days from the issuance of the NTO. The hearing shall be scheduled as soon as reasonably possible, but no later than 20 calendar days from the date of the written request. If a hearing date is not held within 20 calendar days of the written request, the NTO shall be automatically vacated, and if the governing body wishes to reissue the NTO, a supplemental NTO shall be delivered to the person and include the date of the scheduled hearing.
II.(a) If requested, the governing body responsible for the public property shall hold the hearing required under paragraph I to review the NTO. The individual who has received the NTO shall be notified of his or her right to appear and present his or her case.
(b) After the hearing, the governing body shall issue a written decision to the individual, which shall include:
(1) Whether the NTO will be extended for up to 90 days from the date of issuance, remain as originally issued, or rescinded; and
(2) The individual shall be informed of his or her right to appeal the decision to the superior court.
(c) If an individual receives a subsequent NTO for the same property within 2 years of a previous violation, the governing body may extend the NTO for up to one year.
III. If an NTO was originally issued for fewer than 90 days and the responsible governing body wishes to extend it to 90 days, they may only do so by:
(a) A vote pursuant to paragraph V taken at a hearing held pursuant to paragraph II.
(b) By issuing a supplemental NTO that includes the information required by subparagraph I(a), including the right to an additional hearing.
IV. If an NTO is sought to be extended beyond the 90-day period, the responsible governing body shall initiate proceedings to seek a restraining order against the individual. A restraining order shall be pursued in cases where a longer-term prohibition from the property is deemed necessary.
V. NTOs shall require approval from the governing body to extended. Approval shall be by a majority of the governing body, unless otherwise specified by local or school regulations. Governing body approval shall not be required for such an order when a court order restraining a person from entering the public property has been issued to the person and remains in effect.
VI. Any NTOs that are in effect for more than 90 days on the effective date of this section shall be rescinded automatically. Any individual subject to such an NTO shall be notified of the rescindment in writing.
VII. Any individual issued an NTO has the right to appeal the decision to the superior court, as specified in subparagraph II(b)(2). Any appeal shall be filed within 30 days of the written notice of the decision.
3 Effective Date. This act shall take effect 60 days after its passage.