HB 1556-FN - AS INTRODUCED
2026 SESSION
26-2837
09/08
HOUSE BILL 1556-FN
AN ACT relative to the commission of domestic violence offenses in the presence of a child.
SPONSORS: Rep. Korzen, Coos 7; Rep. A. Davis, Coos 2; Rep. Love, Rock. 13; Rep. Ouellet, Coos 3; Sen. Murphy, Dist 16
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes enhanced penalties for the commission of a domestic violence offense in the presence of a child under 18 years of age, and provides for mandatory reporting and training on such offenses.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2837
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the commission of domestic violence offenses in the presence of a child.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be known as and cited to as the "Safe Home, Silent Victims Act.”
2 Legislative Findings. The general court hereby finds that:
I. Children exposed to domestic violence suffer significant psychological, emotional, and developmental harm that can persist throughout their lives.
II. Domestic violence committed in the presence of children constitutes a particularly egregious form of harm that warrants enhanced criminal penalties to reflect the additional victim impact.
III. Enhanced penalties for crimes committed in the presence of children serve important deterrent and protective purposes while maintaining constitutional proportionality.
IV. This enhancement focuses solely on the perpetrator's conduct and does not criminalize the victimized parent's inability to prevent the abuse.
3 New Paragraph; Sentences and Limitations. Amend RSA 651:2 by inserting after paragraph II-h the following new paragraph:
II-i.(a) Any person convicted of an offense under RSA 631:2-b, where the state also proves that the offense was committed in the presence of a child under 18 years of age, shall be subject to the following enhanced penalties:
(1) If the underlying domestic violence offense is a class A misdemeanor, the maximum term of imprisonment shall be increased from one year to 18 months;
(2) If the underlying domestic violence offense is a class B felony, the minimum term of imprisonment shall be increased by 6 months, and the maximum term shall be increased by one year;
(3) The court shall impose a mandatory minimum sentence of not less than 30 days imprisonment.
(b) As used in this paragraph, "in the presence of a child"?means the child was physically present at the location where the domestic violence occurred, or was in a location where the child could reasonably be expected to see or hear the acts constituting domestic violence, regardless of whether the child actually observed the specific incident of abuse.
(c) Nothing in this paragraph shall be construed to:
(1) Criminalize the conduct of the domestic violence victim;
(2) Create any presumption regarding the fitness of the victimized parent; or
(3) Require removal of the child from the care of the nonoffending parent based solely on the commission of the enhanced offense.
(d) In determining the appropriate sentence within the enhanced range, the court shall consider:
(1) The age and developmental level of the child present;
(2) The nature and severity of the domestic violence offense;
(3) The defendant's prior history of domestic violence or child-related offenses;
(4) The psychological impact on the child, if available through competent evidence;
(5) The defendant's participation in court-ordered treatment or counseling;
(6) Any other factors relevant to the protection of children and the prevention of domestic violence.
(e) Courts shall provide information about available victim services and child trauma counseling resources to both the adult victim and any children present during sentencing proceedings.
4 Mandatory Reporting. Amend RSA 169-C:29 to read as follows:
169-C:29 Persons Required to Report. Any physician, surgeon, county medical examiner, psychiatrist, resident, intern, dentist, osteopath, optometrist, chiropractor, psychologist, therapist, registered nurse, hospital personnel (engaged in admission, examination, care and treatment of persons), Christian Science practitioner, teacher, school official, school nurse, school counselor, social worker, day care worker, any other child or foster care worker, law enforcement official, priest, minister, or rabbi or any other person having reason to suspect that a child has been abused or neglected shall report the same in accordance with this chapter. In addition, a law enforcement official who responds to a scene where they determine that there is probable cause that a domestic violence offense, as defined by RSA 631:2-b, was committed in the presence of a child, as defined by RSA 651:2, II-i, shall immediately report the same.
5 Directive; Police Standards and Training Council. ?The police standards and training council shall incorporate training on identifying and documenting child presence at domestic violence scenes within 12 months of the effective date of this act.
6 Directive; Attorney General. The attorney general shall develop guidelines for prosecutors regarding the application of this enhancement within 6 months of the effective date of this act.
7 Effective Date. This act shall take effect January 1, 2027.
26-2837
12/2/25
HB 1556-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the commission of domestic violence offenses in the presence of a child.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 15, 2026 | House | Hearing |
| Jan. 23, 2026 | House | Exec Session |
| Jan. 23, 2026 | House | Floor Vote |
Feb. 5, 2026: Inexpedient to Legislate: MA VV 02/05/2026 HJ 3
Jan. 28, 2026: Committee Report: Inexpedient to Legislate 01/23/2026 (Vote 11-0; RC) HC 5 P. 20
Jan. 27, 2026: Executive Session: 01/23/2026 12:00 pm GP 159
Jan. 8, 2026: Public Hearing: 01/15/2026 10:30 am GP 159
Dec. 10, 2025: Introduced 01/07/2026 and referred to Criminal Justice and Public Safety