Bill Text - HB549 (2023)

Relative to definitions of domestic violence.


Revision: Jan. 11, 2023, 11 a.m.

HB 549-FN - AS INTRODUCED

 

 

2023 SESSION

23-0668

06/04

 

HOUSE BILL 549-FN

 

AN ACT relative to definitions of domestic violence.

 

SPONSORS: Rep. Testerman, Merr. 3

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill expands the definition of abuse to includes acts of financial abuse and domestic violence.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0668

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to definitions of domestic violence.

 

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

 

1  Protections of Persons From Domestic Violence; Definitions.  Amend RSA 173-B:1, I to read as follows:

I. "Abuse" means the commission or attempted commission of one or more of the acts described in subparagraphs (a) through [(h)] (j) by a family or household member or by a current or former sexual or intimate partner, where such conduct is determined to constitute a credible present threat to the petitioner's safety. The court may consider evidence of such acts, regardless of their proximity in time to the filing of the petition, which, in combination with recent conduct, reflects an ongoing pattern of behavior which reasonably causes or has caused the petitioner to fear for his or her safety or well-being:

2  New Subparagraphs; Definitions; Abuse.  Amend RSA 173-B:1, I by inserting after subparagraph (h) the following new subparagraphs:

(i) Financial abuse, including, but not limited to:

(1) Engaging in conduct that is criminal under RSA 639:4.

(2) Hiding assets.

(3) Taking steps to ruin credit scores or ratings.

(4) Interference with work such that a job is lost.

(5) Insisting on controlling partner’s paychecks.

(6) Reducing or refusing access to funds for daily living.

(7) Controlling all of the assets, including insisting on titling a partner’s vehicle in the other spouse’s name.

(8) Dissipating or hiding assets in anticipation of divorce.

(j) Coercive control, defined as, including but is not limited to, unreasonably engaging in any of the following:

(1) Isolating the family or household member from friends, relatives, or other sources of support.

(2) Depriving the family or household member of basic necessities.

(3)  Controlling, regulating, or monitoring the family or household member's movements, communications, daily behavior, finances, economic resources, or access to services.

(4) Compelling the family or household member by force, threat, or intimidation, including, but not limited to, threats based on actual or suspected immigration status, to engage in conduct from which such family or household member has a right to abstain, or abstain from conduct that such family or household member has a right to pursue.

(5) Committing or threatening to commit cruelty to animals that intimidates the family or household member.

(6) Forced sex acts, or threats of a sexual nature, including, but not limited to, threatened acts of sexual conduct, threats based on a person's sexuality, or threats to release sexual images.

3  Effective Date.  This act shall take effect January 1, 2024.

 

LBA

23-0668

1/9/23

 

HB 549-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to definitions of domestic violence.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Health and Human Services. The Department was contacted on 12/28/22. When completed, the fiscal note will be forwarded to the House Clerk's Office.

 

AGENCIES CONTACTED:

Department of Health and Human Services