HB 1438-FN - AS INTRODUCED
2024 SESSION
24-2570
11/08
HOUSE BILL 1438-FN
AN ACT criminalizing interference with a whistleblower.
SPONSORS: Rep. Gerhard, Merr. 25; Rep. T. Mannion, Hills. 1; Rep. Phillips, Rock. 7; Rep. McCarter, Belk. 8; Rep. Phinney, Straf. 9
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill criminalizes interference with whistleblowers in certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2570
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT criminalizing interference with a whistleblower.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Whistleblower Protection. Amend RSA 633 by inserting after section 633:11 the following new section:
633:12 Criminal Interference with Whistleblowers.
I. For the purposes of this section, "whistleblower" shall mean someone who reports, via formal complaint, any type of municipal, state or federal waste, fraud, abuse, corruption, or dangers to public health and safety to any person or agency that is specifically tasked with remedying such conduct.
II. It is a class B felony for any civilian state employee to knowingly cooperate or assist with any attempt by law enforcement to detain, arrest or prosecute a whistleblower.
III. It is a class B felony for any civilian state employee to harass with an intent to alarm any whistleblower in an attempt to make the whistleblower submit to detention, arrest or prosecution.
IV. It is a class A felony for a state civilian employee to engage in the conduct in paragraphs II and III if the law enforcement entity is federal.
2 Effective Date. This act shall take effect January 1, 2025.
24-2570
11/1/23
HB 1438-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to making New Hampshire a whistleblower sanctuary state.
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 | None | |||||
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/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2024 | House | Hearing |
| Jan. 19, 2024 | House | Exec Session |
| Jan. 19, 2024 | House | Floor Vote |
Feb. 1, 2024: Inexpedient to Legislate: MA VV 02/01/2024 HJ 3 P. 5
Jan. 24, 2024: Committee Report: Inexpedient to Legislate 01/19/2024 (Vote 20-0; CC) HC 4 P. 5
Jan. 11, 2024: Executive Session: 01/19/2024 02:00 pm LOB 202-204
Jan. 5, 2024: Public Hearing: 01/11/2024 10:30 am LOB 202-204
Dec. 6, 2023: Introduced 01/03/2024 and referred to Criminal Justice and Public Safety HJ 1 P. 20