Revision: June 4, 2025, 12:30 p.m.
Rep. Roy, Rock. 31
June 4, 2025
2025-2691h
11/09
Floor Amendment to SB 54-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to refusal of consent to testing to determine alcohol concentration and penalties for aggravated driving while intoxicated, and relative to optional firearms safety training in public schools.
Amend the bill by replacing all after the enacting clause with the following:
1 Driving or Operating Under the Influence of Drugs or Liquor; Refusal of Consent; Driving Privileges. Amend RSA 265-A:14, I and II to read as follows:
I. If a person under arrest for any violation or misdemeanor under RSA 265 or RSA 215-A refuses upon the request of a law enforcement officer[, authorized agent, or peace officer] to submit to [physical tests or to] a test of blood, urine, or breath [designated by the law enforcement officer, authorized agent, or peace officer to] as provided in RSA 265-A:4, none shall be given, but:
(a) If this is the first refusal with no prior driving or operating while intoxicated or aggravated driving or operating while intoxicated convictions:
(1) The director shall suspend his or her license to drive or nonresident driving privilege for a period of [180] 270 days; or
(2) If the person is a resident without a license or permit to drive a motor vehicle in this state, the director shall deny [to the person] the privilege to drive and the issuance of a license for a period of [180] 270 days after the date of the alleged violation.
(b) [If the person has a prior driving or operating while intoxicated or aggravated driving or operating while intoxicated conviction] If the person has one or more prior convictions under RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, or equivalent out-of-state offenses, or a prior refusal of consent under this section:
(1) The director shall suspend his or her license to drive or nonresident driving privilege for a period of 2 years; or
(2) If the person is a resident without a license or permit to drive a motor vehicle in this state, the director shall deny [to the person] the privilege to drive and the issuance of a license for a period of 2 years after the date of the alleged violation.
II. [Except as provided in paragraph VI,] The [180-day] 270-day or 2-year suspension period or denial of issuance period imposed pursuant to this section shall not run concurrently with any other penalty imposed under the provision of this title. Any such suspension or denial of a license or privilege to drive shall be imposed in addition to any other penalty provided by law, subject to review as provided in RSA 265-A:31.
2 New Paragraph; Driving or Operating Under the Influence of Drugs or Liquor; Incentives for Consent. Amend RSA 265-A:14 by inserting after paragraph VI the following new paragraphs:
VII. If a person consents to a test of blood, urine, or breath as provided in RSA 265-A:4 and is subsequently convicted under RSA 265-A:2 or RSA 265-A:3, the court shall reduce the license suspension period imposed under this title by:
(a) Up to 180 days for a first offense; or
(b) Up to 1 year for a subsequent offense, provided the person completes a substance use disorder evaluation within 30 days of conviction and complies with any recommended service plan developed by an impaired driver care management program (IDCMP).
VIII. A person who consents to testing and is not convicted under RSA 265-A:2 or RSA 265-A:3 shall have no administrative license suspension imposed for the act of testing, provided no other violations are found.
IX. A person who consents to testing may petition the court for limited driving privileges, such as privileges pursuant to RSA 263:57-b, provided the person installs an ignition interlock device and comply with IDCMP requirements.
3 New Section; Driving or Operating Under the Influence of Drugs or Liquor; Education and Outreach. Amend RSA 265-A by inserting after section 14 the following new section:
265-A:14-a Education and Outreach. The department of safety shall develop and distribute educational materials to drivers, at the time of license issuance or renewal, explaining:
(a) That driving is a privilege, not a right, and that consent to alcohol concentration testing is a condition of maintaining that privilege;
(b) The administrative consequences of refusing a blood, urine, or breath test, pursuant to RSA 265-A:14, compared to granting consent to a blood, urine, or breath test;
(c) The incentives for consenting to testing, including reduced license suspensions, exoneration without penalty upon acquittal, and eligibility for limited driving privileges; and
(d) That refusing an alcohol concentration test is not protected by the Fifth Amendment, as established by judicial precedent.
4 Aggravated Driving or Operating Under the Influence of Drugs or Liquor; Penalties. RSA 265-A:18, I(b) is repealed and reenacted to read as follows:
(b) Any person who is convicted of any aggravated DWI offense under RSA 265-A:3, except as provided in subparagraph (c) or (d), shall be:
(1) Guilty of a class B misdemeanor;
(2) Fined not less than $500;
(3) Ordered to complete a substance use disorder evaluation within 30 days of conviction and comply with any recommended service plan developed by an IDCMP. Failure to comply may result in a license suspension of up to 6 months;
(4) Subject to a license revocation for not less than 9 months, which may be reduced by up to 3 months upon completion of the substance use disorder evaluation and compliance with the service plan; and
(5) Ordered to install an ignition interlock device in accordance with RSA 265-A:36 for a period of not less than 6 months, provided all fees are paid.
5 New Subparagraph; Driving or Operating Under the Influence of Drugs or Liquor; Penalties for Aggravated DWI with High Alcohol Content. Amend RSA 265-A:18, I by inserting after subparagraph (c) the following new subparagraph:
(d) Any person who is convicted of aggravated DWI with a breath, blood, or urine alcohol concentration of 0.16 or higher under RSA 265-A:3, III shall be:
(1) Guilty of a class A misdemeanor;
(2) Fined not less than $750;
(3) Ordered to complete a substance use disorder evaluation within 30 days of conviction and comply with any recommended service plan developed by an IDCMP. Failure to comply may result in a license suspension of up to 1 year;
(4) Subject to a license revocation for not less than 12 months, which may be reduced by up to 6 months upon completion of the substance use disorder evaluation, compliance with the service plan, and installation of an ignition interlock device;
(5) Ordered to install an ignition interlock device in accordance with RSA 265-A:36 for a period of not less than 12 months, provided all fees are paid; and
(6) Subject to court-ordered random urinalysis or other tests only if the court finds clear evidence of ongoing substance abuse, with testing limited to a period of 6 months and conducted in a manner that protects the individual’s privacy.
6 New Chapter; Firearms Training in Public Schools. Amend RSA by inserting after chapter 159-F the following new chapter:
CHAPTER 159-G
FIREARMS TRAINING IN PUBLIC SCHOOLS
159-G:1 Short Title. This chapter shall be known as the "New Hampshire Firearms Safety Education Act."
159-G:2 Purpose and Intent. The purpose of this chapter is to promote public safety and responsible citizenship by ensuring that all students in New Hampshire public schools receive age-appropriate education on firearms safety in order to foster an understanding of safe handling, storage, and the legal responsibilities associated with firearms ownership and use, consistent with the state’s commitment to individual rights and community well-being.
159-G:3 Definitions.
In this chapter:
I. "Firearms safety training" means an educational curriculum designed to teach students the principles of safe firearm handling, storage, and avoidance, including but not limited to the National Rifle Association’s Eddie Eagle GunSafe Program or equivalent programs approved by the department of education.
II. "Public school" means all public and chartered public schools in the state. The head of any accredited private or religious school, grades K-12, may contact the department of safety and request the training for their school. The department shall coordinate the same training as provided at public schools. Instructors for such training at private or religious schools shall be obtained from among the approved trainers on a volunteer basis.
159-G:4 Mandatory Firearms Safety Training.
I. The department of safety, in consultation with the department of education and qualified firearms instructors, shall develop or adopt standardized firearms safety training pursuant to RSA 159-G:5 for public school students in grades K-12 by January 1, 2026.
II. The department of safety shall provide curricular material to the department of education, who shall in turn provide such curricular material to each school district at no cost to the district. The department shall actively seek federal funds, state and federal grants, and other sources of funding to support the costs associated with firearms safety training. The department shall develop guidelines regarding individual donations to the department from individuals, groups, or organizations to support training efforts and costs.
159-G:5 Mandatory Firearms Safety Training; Requirements and Delivery.
I. Beginning with the 2026-2027 school year, firearms safety training shall be offered at every public school for every child. The parents of each child shall be provided a copy of the curriculum for each year and may sign a form opting their child in to the training. The school shall provide a study period in their regularly scheduled classes for student not opting to take the class. No school shall discourage or in any way obstruct the offering of this training, to include not providing the necessary permission forms at the beginning of the year, not providing an appropriate venue for the number of students requesting the training, or scheduling any other events at the same time as the training.
II. The training shall be age-appropriate for each grade level, with students in grades K-5 receiving instruction focused on avoidance and reporting and students in grades 6-12 receiving expanded instruction to include basic firearm mechanics, safe handling principles, secure storage practices, and an overview of state and federal firearms laws. Firearms safety training shall not include live firearms or ammunition in the classroom but may incorporate training aids such as dummy firearms or multimedia resources.
III. The training shall be administered by external instructors certified in firearms safety education by a nationally recognized organization such as the National Rifle Association, the National Law Enforcement Training Center, the Second Amendment Firearms Training & Education Association, the United States Concealed Carry Association, or the Sig Sauer Academy, or by a school resource officer if the officer has or obtains certification as a firearms safety instructor through a nationally recognized organization or the New Hampshire police standards and training council.
IV. No school employee or other person affiliated with the school or training program shall inquire of students if there are any firearms in their homes, and if a student reveals such information, no record of this information may be made or shared for any purpose.
159-G:6 Compliance and Reporting.
I. Each school district shall submit an annual report to the department of education by the final day of the school year, confirming compliance with this chapter and detailing the number of students trained.
II. The department of education shall compile and submit a summary report detailing the number of students trained to the speaker of the house of representatives and the president of the senate by September 1 of each year, beginning in 2027.
159-G:7 Severability. If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provisions or applications and to this end the provisions of this chapter are severable.
7 New Paragraph; Duties of the State Board of Education; Firearms Safety Training. Amend RSA 186:11 by inserting after paragraph XXXVI the following new paragraph:
XXXVI-a. Firearms Safety Training. Adopt and distribute to school districts, an educational curriculum designed to teach students the principles of safe firearm handling, storage, and avoidance, as required under RSA 159-G.
I. Sections 6 and 7 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect January 1, 2026.
2025-2691h
AMENDED ANALYSIS
This bill:
I. Modifies periods of suspension under different circumstances stemming from a refusal of consent to testing to determine alcohol concentration and modifies the penalties for aggravated driving while intoxicated.
II. Requires the department of education to create or adopt standardized firearms safety training for optional instruction in public schools.