HB 495 - AS INTRODUCED
2021 SESSION
21-0622
05/04
HOUSE BILL 495
AN ACT relative to restraining orders issued in a parenting case.
SPONSORS: Rep. DeSimone, Rock. 14; Rep. Baldasaro, Rock. 5; Sen. Birdsell, Dist 19
COMMITTEE: Children and Family Law
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ANALYSIS
This bill provides that the court shall not issue an order in a parenting case that infringes on a party's constitutional rights unless the court determines there is no less restrictive means to achieve a compelling government interest.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0622
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to restraining orders issued in a parenting case.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Parental Rights and Responsibilities; Restraining Orders. Amend RSA 461-A:10 by inserting after paragraph I the following new paragraph:
I-a. If any order issued regarding the determination of parental rights and responsibilities, other than one brought under RSA 173-B, infringes on any right or rights a party may have as enumerated under either the federal or state constitution, the court shall identify the right or rights being infringed and, the compelling government objective to be achieved by the infringement. The court shall make written findings that there is no less restrictive way to achieve the compelling government objective. Any party aggrieved by any order not meeting this standard may petition the court to have the order modified or vacated.
2 Effective Date. This act shall take effect January 1, 2022.
| Date | Body | Type |
|---|---|---|
| March 4, 2021 | House | Hearing |
| March 11, 2021 | House | Exec Session |
| March 11, 2021 | House | Exec Session |
| House | Floor Vote | |
| May 3, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
| May 3, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
May 27, 2021: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/27/2021; SJ 17
May 27, 2021: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/27/2021; SJ 17
May 25, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/27/2021; SC 25A
May 27, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/27/2021; SC 25A
May 3, 2021: Remote Hearing: 05/03/2021, 01:45 pm; Links to join the hearing can be found in the Senate Calendar; SC 22
April 28, 2021: Remote Hearing: 05/03/2021, 01:45 pm; Links to join the hearing can be found in the Senate Calendar; SC 22
April 13, 2021: Introduced 04/08/2021 and Referred to Judiciary; SJ 12
April 8, 2021: Introduced 04/08/2021 and Referred to Judiciary; SJ 12
April 7, 2021: Ought to Pass: MA DV 196-179 04/07/2021 HJ 5 P. 134
April 7, 2021: Ought to Pass: MA DV 196-179 04/07/2021 HJ 5 P. 134
March 17, 2021: Committee Report: Ought to Pass (Vote 8-7; RC) HC 18 P. 33
: Committee Report: Ought to Pass (Vote 8-7; RC) HC 18 P. 33
March 11, 2021: Executive Session: 03/11/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91927749754
March 11, 2021: Executive Session: 03/11/2021 9:30 a.m.
March 4, 2021: Public Hearing: 03/04/2021 10:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94672611666 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 11, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 51
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Children and Family Law HJ 2 P. 51