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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
| 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 |
: Died on Table
May 23, 2019: Lay on Table (Rep. Walz): MA DV 179-174 05/23/2019 HJ 16 P. 40
: Minority Committee Report: Ought to Pass with Amendment # 2019-1922h
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
: Majority Committee Report: Ought to Pass with Amendment # 2019-1931h (Vote 12-7; RC)
May 14, 2019: Executive Session: 05/14/2019 10:00 am LOB 208
April 30, 2019: Full Committee Work Session: 04/30/2019 11:00 am LOB 208
April 18, 2019: Public Hearing: 04/18/2019 01:00 pm LOB 208
March 20, 2019: Introduced 03/20/2019 and referred to Judiciary HJ 11 P. 73
March 27, 2019: Ought to Pass: RC 23Y-0N, MA; OT3rdg; 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: Sen. French Moved to Remove SB 36 from the Consent Calendar; 03/27/2019; SJ 10
March 27, 2019: Committee Report: Ought to Pass, 03/27/2019; Vote 5-0; CC SC 15
March 28, 2019: Committee Report: Ought to Pass, 03/28/2019; Vote 5-0; CC SC 15
Jan. 22, 2019: Hearing: 01/22/2019, Room 100, SH, 10:00 am; SC 7
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Judiciary; SJ 4