HB1542 (2012) Detail

Relative to interference with state constitutional rights.


HB 1542 – AS INTRODUCED

2012 SESSION

12-2326

06/04

HOUSE BILL 1542

AN ACT relative to interference with state constitutional rights.

SPONSORS: Rep. S. Tremblay, Rock 3; Rep. Manuse, Rock 5; Rep. Ingbretson, Graf 5; Rep. McClarren, Hills 21; Sen. White, Dist 9

COMMITTEE: Constitutional Review and Statutory Recodification

ANALYSIS

This bill creates a cause of action and a remedy for intentional interference with state constitutional rights.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2326

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to interference with state constitutional rights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Violations of Constitutional Rights. Amend RSA 507-B by inserting after section 5 the following new section:

507-B:5-a Violations of Constitutional Rights.

I. A citizen may seek injunctive relief or maintain a civil action, or both, to recover damages for intentional violations of the state constitution’s bill of rights by any governmental entity and its agents in the superior court by bench or by jury trial.

II. If the citizen prevails, in addition to damages, the court shall award the cost of the action and such attorney’s fees as it finds to be reasonable.

2 New Section; Violations of Constitutional Rights. Amend RSA 541-B by inserting after section 9-a the following new section:

541-B:19-a Violations of Constitutional Rights.

I. A citizen may seek injunctive relief or maintain a civil action, or both, to recover damages for intentional violations of the state constitution’s bill of rights by any governmental entity and its agents in the superior court by bench or by jury trial.

II. If the citizen prevails, in addition to damages, the court shall award the cost of the action and such attorney’s fees as it finds to be reasonable.

3 Effective Date. This act shall take effect January 1, 2013.

Links

HB1542 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1542 Revision: 21587 Date: Dec. 21, 2011, midnight

Docket