Bill Text - HB1295 (2018)

Relative to persons held in civil contempt.


Revision: March 22, 2018, 2:39 p.m.

HB 1295 - AS AMENDED BY THE HOUSE

 

21Mar2018... 0627h

2018 SESSION

18-2126

05/04

 

HOUSE BILL 1295

 

AN ACT relative to persons held in civil contempt.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. M. Pearson, Rock. 34; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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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.

 

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

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21Mar2018... 0627h 18-2126

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

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; Civil Contempt.  Amend RSA 458 by inserting after section 52 the following new section:

458:53  Penalties; Civil Contempt.  Notwithstanding any other provision of law, no family division circuit court shall incarcerate a person for civil contempt without findings of fact to support such action.  In addition, no person shall be required to sell his or her principal residence, the value of which does not exceed the amount of the homestead exemption in RSA 480:1, or to sell his or her sole motor vehicle, the value of which does not exceed the amount specified in RSA 511:2, XVI, to satisfy a finding of civil contempt.

2  Effective Date.  This act shall take effect 30 days after its passage.

HB 1295 - AS AMENDED BY THE HOUSE

 

21Mar2018... 0627h

2018 SESSION

18-2126

05/04

 

HOUSE BILL 1295

 

AN ACT relative to persons held in civil contempt.

 

SPONSORS: Rep. Itse, Rock. 10; Rep. Hoell, Merr. 23; Rep. M. Pearson, Rock. 34; Sen. Reagan, Dist 17

 

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.

 

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

 

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.

21Mar2018... 0627h 18-2126

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

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; Civil Contempt.  Amend RSA 458 by inserting after section 52 the following new section:

458:53  Penalties; Civil Contempt.  Notwithstanding any other provision of law, no family division circuit court shall incarcerate a person for civil contempt without findings of fact to support such action.  In addition, no person shall be required to sell his or her principal residence, the value of which does not exceed the amount of the homestead exemption in RSA 480:1, or to sell his or her sole motor vehicle, the value of which does not exceed the amount specified in RSA 511:2, XVI, to satisfy a finding of civil contempt.

2  Effective Date.  This act shall take effect 30 days after its passage.