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1 Findings. The general court finds that any violation of a person's New Hampshire constitutional rights must be remedied by a court of law, even when monetary damages are not alleged.
2 New Chapter; Litigation Involving State Constitutional Rights. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
LITIGATION INVOLVING STATE CONSTITUTIONAL RIGHTS
354-C:1 Remedy of State Constitutional Violations.
I. Any New Hampshire court shall remedy a completed violation of a person's state constitutional rights with relief including, but not limited to, declaratory judgment, nominal damages, and any other appropriate equitable relief.
II. This remedy may be awarded under the state constitution itself, under the grant of authority in this statute, under the court's common law equitable jurisdiction, or any combination thereof.
III. Nothing in this chapter shall be construed as a legislative finding that the New Hampshire constitution does not entail retrospective remedies.
IV. Nothing in this chapter shall be construed as limiting any person's constitutional rights or the remedies available thereto.
354-C:2 Severability.
If any provision of this chapter or any application of such provision to any particular person or circumstance is held to be invalid by any court of law, the remainder of this chapter and any remaining application of its provisions to any other person or circumstance shall not be affected.
3 Effective Date. This act shall take effect 30 days after its passage.
Text to be added highlighted in green.
1 Findings. The general court finds that any violation of a person's New Hampshire constitutional rights must be remedied by a court of law, even when monetary damages are not alleged.
2 New Chapter; Litigation Involving State Constitutional Rights. Amend RSA by inserting after chapter 354-B the following new chapter:
CHAPTER 354-C
LITIGATION INVOLVING STATE CONSTITUTIONAL RIGHTS
354-C:1 Remedy of State Constitutional Violations.
I. Any New Hampshire court shall remedy a completed violation of a person's state constitutional rights with relief including, but not limited to, declaratory judgment, nominal damages, and any other appropriate equitable relief.
II. This remedy may be awarded under the state constitution itself, under the grant of authority in this statute, under the court's common law equitable jurisdiction, or any combination thereof.
III. Nothing in this chapter shall be construed as a legislative finding that the New Hampshire constitution does not entail retrospective remedies.
IV. Nothing in this chapter shall be construed as limiting any person's constitutional rights or the remedies available thereto.
354-C:2 Severability.
If any provision of this chapter or any application of such provision to any particular person or circumstance is held to be invalid by any court of law, the remainder of this chapter and any remaining application of its provisions to any other person or circumstance shall not be affected.
3 Effective Date. This act shall take effect 30 days after its passage.