HB1184 (2026) Detail

Relative to the issuance of no trespass orders on municipal or school district property.


HB 1184-FN - AS AMENDED BY THE HOUSE

 

12Mar2026... 0756h

12Mar2026... 1089h

2026 SESSION

26-2684

09/05

 

HOUSE BILL 1184-FN

 

AN ACT relative to the issuance of no trespass orders on municipal or school district property.

 

SPONSORS: Rep. Harvey-Bolia, Belk. 3; Rep. Freeman, Belk. 8; Rep. Pauer, Hills. 36; Rep. Peternel, Carr. 6; Rep. Sabourin, Rock. 30; Rep. Thibault, Merr. 25; Sen. Gannon, Dist 23

 

COMMITTEE: Municipal and County Government

 

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ANALYSIS

 

This bill:

 

I.  Establishes the process for issuing, extending, and appealing no trespass orders for municipal and school properties.

 

II.  Establishes procedural safeguards for individuals affected by these orders, including the right to a hearing and appeal.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2026... 0756h

12Mar2026... 1089h 26-2684

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the issuance of no trespass orders on municipal or school district property.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Short Title.  This act may be cited to and known as the "No Trespass Orders on Public Property Act."  

2  New Section; Criminal Trespass; Order Against Trespass on Public Property.  Amend RSA 635 by inserting after section 2 the following new section:

635:2-a  Order Against Trespass on Public Property.  

I.(a)  A governing body responsible for public property, or a person designated by the governing body, may issue an emergency no trespass order (NTO) directing a person to leave or not enter specified public property when immediate action is reasonably necessary to protect public safety, prevent substantial disruption of governmental operations, or prevent damage to public property.  

(b)  An emergency NTO issued under this paragraph shall:  

(1)  Be in writing;

(2)  State the date and time of issuance;

(3)  Identify the specific public property to which the order applies;

(4)  Provide a brief statement of the factual basis for the emergency issuance; and

(5)  State that the order is temporary specifying the expiration date and time, and is subject to governing body review.

(c)  An emergency NTO shall be effective immediately but shall expire automatically no later than 72 hours after issuance, unless approved pursuant to paragraph II.   

II.(a)  If the governing body seeks to continue an NTO beyond the emergency period, the governing body shall approve the NTO by at least a 3/5 vote taken at a duly noticed public meeting, or at a non-public session if permitted under RSA 91-A and requested by the individual subject to the NTO.

(b)  Approval under this paragraph shall authorize the NTO for a period not to exceed 90 days from the original date of issuance, unless earlier rescinded.

(c)  Failure to approve the NTO within the emergency period shall result in the automatic expiration of the order.

(d)  Any NTO issued or approved under this section shall include:  

(1)  The date of issuance;

(2)  The specific public property to which the order applies;

(3)  A clear explanation of the reason for the NTO;

(4)  The duration of the NTO;

(5)  A statement informing the individual of the right to request a hearing to contest the NTO;

(6)  Instructions on how to request a hearing; and

(7)  A statement informing the individual of the right to appeal an adverse decision to the superior court.

IV.(a)  An individual issued an NTO shall have the right to a hearing upon written request.  The request shall be made no later than 10 days from the date of issuance or governing body approval of the NTO.  

(b)  The governing body shall hold the hearing as soon as reasonably possible, but no later than 15 calendar days after receipt of the written request.

(c)  If a hearing is not held within the timeframe required under this paragraph, the NTO shall be automatically vacated, unless the delay is attributable to the individual requesting the hearing.

V.(a)  Following the hearing, the governing body shall issue a written decision, which shall state whether the NTO is:  

(1)  Rescinded;

(2)  Modified; or

(3)  Continued for a defined period.

(b)  Any NTO continued following a hearing shall expire no later than 90 days from the original date of issuance, unless earlier rescinded.  

VI.  No administrative NTO issued under this section shall remain in effect beyond 90 days.  If the governing body determines that exclusion beyond 90 days is necessary, it shall seek a court-issued restraining order or other judicial relief.  

VII.  An individual subject to an NTO may appeal a final decision of the governing body to the superior court.  Any appeal shall be filed within 30 days of the written decision.

VIII.  All NTOs issued under this section shall expire by operation of law upon reaching their authorized duration and shall not be renewed except in compliance with this section.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

26-2684

3/17/26

 

HB 1184-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENTS #2026-0756h and # 2026-1089h)

 

AN ACT relative to the issuance of no trespass orders on municipal or school district property.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2026 through 2029.

 

AGENCIES CONTACTED:

New Hampshire Municipal Association

 

Amendments

Date Amendment
March 4, 2026 2026-0756h
March 9, 2026 2026-1089h

Links


Date Body Type
Jan. 27, 2026 House Hearing
Feb. 17, 2026 House Exec Session
March 3, 2026 House Exec Session
March 3, 2026 House Floor Vote

Bill Text Revisions

HB1184 Revision: 51225 Date: March 17, 2026, 11:29 a.m.
HB1184 Revision: 51059 Date: March 9, 2026, 10:34 a.m.
HB1184 Revision: 50902 Date: March 4, 2026, 3:41 p.m.
HB1184 Revision: 49600 Date: Dec. 1, 2025, 9:27 a.m.

Docket


March 17, 2026: Introduced 03/12/2026 and Referred to Election Law and Municipal Affairs; SJ 7


March 12, 2026: Ought to Pass with Amendment 2026-0756h and 2026-1089h: MA VV 03/12/2026 HJ 8


March 12, 2026: FLAM # 2026-1089h (Rep. Pauer): AA VV 03/12/2026 HJ 8


March 12, 2026: Amendment # 2026-0756h: AA VV 03/12/2026 HJ 8


March 4, 2026: Committee Report: Ought to Pass with Amendment # 2026-0756h 03/03/2026 (Vote 18-0; RC) HC 10 P. 65


Feb. 18, 2026: ==CONTINUED== Executive Session: 03/03/2026 10:30 am GP 154


Feb. 11, 2026: ==RECESSED== Executive Session: 02/17/2026 09:00 am GP 154


Jan. 21, 2026: Public Hearing: 01/27/2026 09:55 am GP 154


Dec. 1, 2025: Introduced 01/07/2026 and referred to Municipal and County Government HJ 1 P. 9