HB 760-FN – AS INTRODUCED
2007 SESSION
05/03
HOUSE BILL 760-FN
AN ACT relative to temporary relief in a domestic violence proceeding.
SPONSORS: Rep. Dumaine, Rock 3
COMMITTEE: Criminal Justice and Public Safety
This bill requires the plaintiff to testify at the hearing for temporary relief in a domestic violence proceeding, for the hearing to be on the record, and for a record of the testimony to be made available to either party.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1105
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to temporary relief in a domestic violence proceeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Protection from Domestic Violence; Temporary Relief. Amend the introductory paragraph of RSA 173-B:4, I to read as follows:
I. Upon a showing of an immediate and present danger of abuse, the court may enter temporary orders to protect the plaintiff with or without actual notice to defendant. Such showing shall require testimony from the plaintiff and shall be under oath and on the record. Both parties shall be entitled to a copy of the record of the plaintiff’s showing, at the requesting party’s expense, and the copy shall be provided prior to any further hearing. An audio recording shall be a sufficient record. The court may issue such temporary orders by telephone or facsimile. Such telephonically issued orders shall be made by a district or superior court judge to a law enforcement officer, shall be valid in any jurisdiction in the state, and shall be effective until the close of the next regular court business day. Such orders shall be returnable to the district court where the plaintiff resides or to which the plaintiff has fled, unless otherwise ordered by the issuing justice. If non-telephonic temporary orders are made ex parte, the party against whom such relief is issued may file a written request with the clerk of the court and request a hearing on such orders. Such hearing shall be held no less than 3 business days and no more than 5 business days after the request is received by the clerk. Such hearings may constitute the final hearing described in RSA 173-B:3, VII. Such temporary relief may direct the defendant to relinquish to a peace officer any and all firearms and ammunition in the control, ownership, or possession of the defendant, or any other person on behalf of the defendant for the duration of the protective order. Other temporary relief may include:
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-1105
Revised 02/06/07
HB 760 FISCAL NOTE
AN ACT relative to temporary relief in a domestic violence proceeding.
FISCAL IMPACT:
The Judicial Branch states this bill may increase state expenditures by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or county and local expenditures.
METHODOLOGY:
The Judicial Branch states the proposed bill would amend RSA 173-B:4, I, to provide that the plaintiff testify at, and a record be made of, all hearings on temporary domestic violence orders. In accordance with the proposed bill, an audio record would be sufficient. The Branch will experience increased costs for hearings currently done by telephone in the District Court and Family Division. In calendar year 2006, there were 813 telephonic hearings, down from 925 in 2005. Telephonic hearings occur at all hours of the day and night, 365 days per year. To continue with telephonic hearings and meet the requirements of the bill, every District Court and Family Division site would have to be outfitted with equipment that could record telephone calls, as would every judge’s home telephone. Individuals would have to be informed that the call was being recorded to provide a record of the proceeding. The Branch is unable to determine the cost of the additional equipment at this time. The Branch states it would be even more expensive to stop telephonic hearings and pay for judges to come to the courthouse for each temporary domestic violence order, which would amount to over 1,600 hours of additional judge time, or roughly the equivalent of one full-time judge (at a cost $172,161 annually). The Branch is unable to determine the exact fiscal impact at this time.