Text to be removed highlighted in red.
1 New Chapter; Judicial Immunity. Amend RSA by inserting after chapter 490-K the following new chapter:
CHAPTER 490-L
JUDICIAL IMMUNITY
490-L:1 Limitation of Judicial Immunity.
I. Any judge or other member of the judiciary who sits in a judicial capacity and makes determinations pursuant to RSA 597 regarding the release of criminal defendants pending trial may be held liable for civil negligence if all of the following are met:
(a) The criminal defendant being released pursuant to RSA 597 is being released:
(1) For an alleged violation of RSA 631:2-b.
(2) For any alleged felony.
(3) For any offense alleged to have occurred while the defendant was released on bail in another matter.
(b) The criminal defendant commits a subsequent criminal offense or intentional tort while released pursuant to RSA 597.
(c) A person suffers physical or financial injury as a result.
II. An action that meets the requirements of paragraph I may be brought by the person who suffers physical or financial injury. If the person dies as result of the alleged action by the criminal defendant, the action may be brought by the decedent's estate or next of kin.
III. In any action brought pursuant to this section, the court shall not apply any doctrine of judicial immunity if the requirements of paragraph I are satisfied.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Chapter; Judicial Immunity. Amend RSA by inserting after chapter 490-K the following new chapter:
CHAPTER 490-L
JUDICIAL IMMUNITY
490-L:1 Limitation of Judicial Immunity.
I. Any judge or other member of the judiciary who sits in a judicial capacity and makes determinations pursuant to RSA 597 regarding the release of criminal defendants pending trial may be held liable for civil negligence if all of the following are met:
(a) The criminal defendant being released pursuant to RSA 597 is being released:
(1) For an alleged violation of RSA 631:2-b.
(2) For any alleged felony.
(3) For any offense alleged to have occurred while the defendant was released on bail in another matter.
(b) The criminal defendant commits a subsequent criminal offense or intentional tort while released pursuant to RSA 597.
(c) A person suffers physical or financial injury as a result.
II. An action that meets the requirements of paragraph I may be brought by the person who suffers physical or financial injury. If the person dies as result of the alleged action by the criminal defendant, the action may be brought by the decedent's estate or next of kin.
III. In any action brought pursuant to this section, the court shall not apply any doctrine of judicial immunity if the requirements of paragraph I are satisfied.
2 Effective Date. This act shall take effect January 1, 2027.