HB 188-FN - AS INTRODUCED
2025 SESSION
25-0241
09/11
HOUSE BILL 188-FN
AN ACT relative to contempt of the general court.
SPONSORS: Rep. Packard, Rock. 16; Rep. Ammon, Hills. 42; Rep. Cambrils, Merr. 4; Rep. Moffett, Merr. 4; Rep. Mooney, Hills. 12; Rep. S. Smith, Sull. 3; Rep. Spillane, Rock. 2; Rep. Hill, Merr. 2; Rep. Lynn, Rock. 17; Sen. Lang, Dist 2
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes criminal penalties and civil remedies for contempt of the general court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0241
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to contempt of the general court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Obstructing Governmental Operations; Contempt of the General Court. Amend RSA 642 by inserting after section 10 the following new section:
642:11 Contempt of the General Court.
I. Criminal offense established. Any person who, without just cause, knowingly fails to comply with a subpoena duly issued and served by either house of the general court to give testimony or to produce books, papers, documents, or tangible things upon any matter under inquiry before either house, or any joint committee established by a joint or concurrent resolution of the 2 houses of the general court, or any committee of either house of the general court, or who, having appeared, refuses without just cause to answer any question or to produce any books, papers, documents, or tangible things demanded pertinent to the matter under inquiry, and is found to be in contempt of said house by a majority vote of all members of the chamber in question, or in the case of a joint committee, by a majority vote of all members of each chamber voting separately, shall be guilty of a misdemeanor. A prosecution under this paragraph may be initiated only by the department of justice and shall be brought exclusively in the superior court for Merrimack county.
II. Civil contempt remedy established. Any person who, without just cause, fails to comply with a subpoena duly issued and served by either house of the general court to give testimony or to produce books, papers, documents, or tangible things upon any matter under inquiry before either house, or any joint committee established by a joint or concurrent resolution of the 2 houses of the general court, or any committee of either house of the general court, or who, having appeared, refuses without just cause to answer any question or to produce any books, papers, documents, or tangible things demanded pertinent to the matter under inquiry, and is found to be in contempt of said house by a majority vote of all members of the chamber in question, or in the case of a joint committee, by a majority vote of all members of each chamber voting separately, may upon petition of said house, or in the case of a joint committee, upon petition of both houses, or upon referral by said house or houses to the department of justice, upon petition of the department of justice, be summoned or otherwise compelled to appear before the superior court for Merrimack County to answer for such non-compliance. Upon the failure of such person to demonstrate valid legal justification for failing to comply, the court shall order the person to comply with the subpoena within a reasonable time as determined by the court. If the person fails to comply with said order, the court may find the person in contempt of court and may impose such civil sanctions, including fines, incarceration, or other measures, as it determines are reasonably necessary to compel compliance, provided that any period of incarceration shall terminate immediately upon the person’s compliance with the subpoena.
III. Nothing in this section shall be construed to limit the ability of either house of the general court to pursue any other remedies to enforce compliance with a subpoena or to punish non-compliance as may lie within its inherent constitutional power.
2 Effective Date. This act shall take effect January 1, 2026.
25-0241
12/3/24
HB 188-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to contempt of the general court.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
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