Bill Text - HB326 (2018)

Regarding immunity under the child abuse reporting law.


Revision: Jan. 30, 2017, 10:17 a.m.

HB 326 - AS INTRODUCED

 

 

2017 SESSION

17-0567

05/09

 

HOUSE BILL 326

 

AN ACT regarding immunity under the child abuse reporting law.

 

SPONSORS: Rep. Burt, Hills. 39; Rep. Seidel, Hills. 28; Rep. K. Rice, Hills. 37

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill removes criminal immunity for persons participating in good faith in a report of child abuse under RSA 169-C.  The bill also extends civil immunity to court-appointed special advocates acting within their authority as court-appointed special advocates under RSA 169-C.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0567

05/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT regarding immunity under the child abuse reporting law.

 

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

 

1  Child Protection Act; Reporting Law; Immunity from Liability.  Amend RSA 169-C:31 to read as follows:

169-C:31  Immunity From Liability.

I.  Anyone participating in good faith in the making of a report pursuant to this chapter is immune from any civil liability[, civil or criminal,] that might otherwise be incurred or imposed.  Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.

II.  A court-appointed special advocate, (CASA), appointed pursuant to RSA 169-C:10, I, is immune from any civil liability that might otherwise be incurred or imposed, directly or indirectly arising out of, or in connection with, an act or omission within the CASA’s activities and authority as a court-appointed special advocate.

2  Effective Date.  This act shall take effect 60 days after its passage.