HB 468 – AS AMENDED BY THE SENATE
30Mar2005… 0583h
06/02/05 1613s
2005 SESSION
04/10
HOUSE BILL 468
AN ACT relative to provisions for permissible contact between the agent of the defendant subject to a protective order and a plaintiff.
SPONSORS: Rep. Knowles, Straf 6; Rep. Bickford, Straf 3; Rep. Soltani, Merr 8; Rep. P. Sullivan, Hills 10; Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Sen. Roberge, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill sets forth conditions under which permissible contact may occur between the agent of a defendant subject to a protective order and the plaintiff.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0583h
06/02/05 1613s
05-0566
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to provisions for permissible contact between the agent of the defendant subject to a protective order and a plaintiff.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Protection of Persons from Domestic Violence; Permissible Contact. Amend RSA 173 by inserting after section 5 the following new section:
173-B:5-a Permissible Contact. A protective order issued pursuant to RSA 173-B:4 or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; ensures that any personal contact with the plaintiff occurs outside of the defendant’s presence, unless the court has modified the protective order to permit such contact.
2 New Paragraph; Stalking; Permissible Contact. Amend RSA 633:3-a by inserting after paragraph III-b the following new paragraph:
III-c. A protective order issued pursuant to this section, RSA 173-B:4, or RSA 173-B:5 shall not be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in an action brought under this chapter, or in any criminal proceeding concerning the abuse alleged under this chapter, from contacting the plaintiff for a legitimate purpose within the scope of the civil or criminal proceeding; provided, that the attorney or person acting on behalf of the attorney: identifies himself or herself as a representative of the defendant; acknowledges the existence of the protective order and informs the plaintiff that he or she has no obligation to speak; terminates contact with the plaintiff if the plaintiff expresses an unwillingness to talk; ensures that any personal contact with the plaintiff occurs outside of the defendant’s presence, unless the court has modified the protective order to permit such contact.
3 Effective Date. This act shall take effect 60 days after its passage.