Text to be removed highlighted in red.
1 New Chapter; Anti-Sanctuary City Act. Amend RSA by inserting after chapter 106-O the following new chapter:
CHAPTER 106-P
ANTI-SANCTUARY CITY ACT
106-P:1 Definitions. In this chapter:
I. "Law enforcement agency" means any agency charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriff's offices, state police departments, state university and college police departments, county correctional agencies, and the department of corrections.
II. "Local governmental entity" means any county, municipality, or other political subdivision of this state.
106-P:2 Prohibition of Sanctuary Policies.
Except as otherwise expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with title 8 of the United States Code.
106-P:3 Enforcement.
I. Any local governmental entity that violates this chapter may be subject to action by the attorney general, who may file suit against a local governmental entity in a court of competent jurisdiction for a violation of this chapter. Relief for violations of this chapter shall be determined by the court and may include injunctive relief and punitive damages. Punitive damages may include a fine of up to 25 percent of the total state funds received by the local government entity in the fiscal year when the violation occurred. Any fines collected for violations of this chapter shall be lapsed to the general fund of the state of New Hampshire.
II. An order approving a consent decree or granting an injunction shall include written findings of fact that describe with specificity the existence and nature of the sanctuary policy that violates this chapter.
2 Effective Date. This act shall take effect January 1, 2026.
Text to be added highlighted in green.
1 New Chapter; Anti-Sanctuary City Act. Amend RSA by inserting after chapter 106-O the following new chapter:
CHAPTER 106-P
ANTI-SANCTUARY CITY ACT
106-P:1 Definitions. In this chapter:
I. "Law enforcement agency" means any agency charged with enforcement of state, county, municipal, or federal laws or with managing custody of detained persons in this state and includes municipal police departments, sheriff's offices, state police departments, state university and college police departments, county correctional agencies, and the department of corrections.
II. "Local governmental entity" means any county, municipality, or other political subdivision of this state.
106-P:2 Prohibition of Sanctuary Policies.
Except as otherwise expressly prohibited by state or federal law, local governmental entities may not prohibit or impede any state or federal law enforcement agency from complying with title 8 of the United States Code.
106-P:3 Enforcement.
I. Any local governmental entity that violates this chapter may be subject to action by the attorney general, who may file suit against a local governmental entity in a court of competent jurisdiction for a violation of this chapter. Relief for violations of this chapter shall be determined by the court and may include injunctive relief and punitive damages. Punitive damages may include a fine of up to 25 percent of the total state funds received by the local government entity in the fiscal year when the violation occurred. Any fines collected for violations of this chapter shall be lapsed to the general fund of the state of New Hampshire.
II. An order approving a consent decree or granting an injunction shall include written findings of fact that describe with specificity the existence and nature of the sanctuary policy that violates this chapter.
2 Effective Date. This act shall take effect January 1, 2026.