Revision: Nov. 28, 2023, 8:10 a.m.
HB 1012-FN - AS INTRODUCED
2024 SESSION
24-2024
05/08
HOUSE BILL 1012-FN
SPONSORS: Rep. Cushman, Hills. 28; Rep. Potucek, Rock. 13; Rep. Vose, Rock. 5; Rep. Edwards, Rock. 31; Rep. Gorski, Hills. 2; Rep. Osborne, Rock. 2; Rep. Post, Hills. 42; Rep. T. Lekas, Hills. 38; Rep. Burnham, Straf. 2; Sen. Avard, Dist 12; Sen. Pearl, Dist 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes an exemption from prosecution for child endangerment if the individual's actions were based on certain parenting decisions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2024
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Endangering the Welfare of a Child; Exception for Certain Parenting Decisions. Amend RSA 639:3 by inserting after paragraph VI the following new paragraph:
VII. No parent or legal guardian of a child who makes a parenting decision shall be guilty of an offense under this section if:
(a) There is no actual injury or harm, or any actual injury or harm is the result of an unavoidable or unforeseen accident;
(b) The parenting decision made is not explicitly in violation of any other law;
(c) There is a reasoned approach to such decision-making that takes into consideration benefit versus risk; and
(d) The decision made is in keeping with the parent or guardian's family values.
2 Effective Date. This act shall take effect January 1, 2025.
24-2024
10/4/23
HB 1012-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund |
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Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/FiscalNotes/JudicialCorrectionalCosts.pdf.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association