SB36 (2019) Detail

Creating a cause of action for certain constitutional deprivations of right.


SB 36  - AS INTRODUCED

 

 

2019 SESSION

19-1014

08/04

 

SENATE BILL 36

 

AN ACT creating a cause of action for certain constitutional deprivations of right.

 

SPONSORS: Sen. French, Dist 7

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill creates a cause of action for certain constitutional deprivations of right.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-1014

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT creating a cause of action for certain constitutional deprivations of right.

 

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

 

1  New Section; State Liability.  Amend RSA 354-B by inserting after section 6 the following new section:

354-B:7  Liability of State or Public Entities.  Any state or public entity acting under color of New Hampshire law which subjects or causes to be subjected any citizen of New Hampshire or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the new Hampshire constitution shall be liable for any actual damages to the injured party.  Any such action shall be filed in the superior court where appropriate venue exists or federal district court.  Any claim under this section brought in federal district court shall be a supplemental claim to a federal claim.  This lawsuit shall be brought no later than 3 years after the violation.  Reasonable attorneys' fees and costs shall be awarded to a person who prevails in any action or proceeding seeking to enforce this section.

2  Effective Date.  This act shall take effect upon its passage.

Links

SB36 at GenCourtMobile
SB36 Discussion

Action Dates

Date Body Type
Jan. 22, 2019 Senate Hearing
March 28, 2019 Senate Floor Vote
March 27, 2019 Senate Floor Vote
March 27, 2019 Senate Floor Vote
April 18, 2019 House Hearing
May 14, 2019 House Exec Session
House Floor Vote
May 23, 2019 House Floor Vote

Bill Text Revisions

SB36 Revision: 4740 Date: Jan. 14, 2019, 2:32 p.m.
SB36 Revision: 4713 Date: Jan. 14, 2019, 10:06 a.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Judiciary; SJ 4
Jan. 22, 2019 Hearing: 01/22/2019, Room 100, SH, 10:00 am; SC 7
March 28, 2019 Committee Report: Ought to Pass, 03/28/2019; Vote 5-0; CC SC 15
March 27, 2019 Committee Report: Ought to Pass, 03/27/2019; Vote 5-0; CC SC 15
March 27, 2019 Sen. French Moved to Remove SB 36 from the Consent Calendar; 03/27/2019; SJ 10
March 27, 2019 Special Order to the beginning of the regular calendar, Without Objection, MA; 03/27/2019; SJ 10
March 27, 2019 Ought to Pass: RC 23Y-0N, MA; OT3rdg; 03/27/2019; SJ 10
March 20, 2019 Introduced 03/20/2019 and referred to Judiciary HJ 11 P. 73
April 18, 2019 Public Hearing: 04/18/2019 01:00 pm LOB 208
April 30, 2019 Full Committee Work Session: 04/30/2019 11:00 am LOB 208
May 14, 2019 Executive Session: 05/14/2019 10:00 am LOB 208
Majority Committee Report: Ought to Pass with Amendment # 2019-1931h (Vote 12-7; RC)
May 23, 2019 Majority Committee Report: Ought to Pass with Amendment # 2019-1931h for 05/23/2019 (Vote 12-7; RC) HC 25 P. 10
Minority Committee Report: Ought to Pass with Amendment # 2019-1922h
May 23, 2019 Lay on Table (Rep. Walz): MA DV 179-174 05/23/2019 HJ 16 P. 40
Died on Table