HB1474 (2014) Detail

Relative to persons held in civil contempt.


HB 1474 – AS INTRODUCED

2014 SESSION

14-2287

01/06

HOUSE BILL 1474

AN ACT relative to persons held in civil contempt.

SPONSORS: Rep. Itse, Rock 10; Rep. Hoell, Merr 23; Rep. C. McGuire, Merr 29; Rep. Bickford, Straf 3

COMMITTEE: Judiciary

ANALYSIS

This bill declares that no person shall be incarcerated for civil contempt without there being a finding that the person has the liquid assets to satisfy the contempt penalty.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2287

01/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to persons held in civil contempt.

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

1 New Section; Penalties for Civil Contempt Restricted. Amend RSA 651 by inserting after section 2 the following new section:

651:2-a Penalties; Civil Contempt. Notwithstanding any other provision of law, no court may incarcerate any citizen of this state and the United States for civil contempt without there first being a finding of fact that the person has the liquid assets to satisfy the contempt without borrowing money or incurring financial penalties to access financial instruments. In addition, no person shall be required to sell a principal residence or sole motor vehicle to satisfy a finding of civil contempt.

2 Effective Date. This act shall take effect January 1, 2015.