HB 1608-FN - AS INTRODUCED
2026 SESSION
26-2422
09/06
HOUSE BILL 1608-FN
SPONSORS: Rep. Flanagan, Hills. 45
COMMITTEE: Judiciary
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ANALYSIS
This bill states that a criminal defendant shall be entitled to any grand jury minutes applicable to his or her case, which shall be required to be taken. This bill also extends certain defense and indemnification protections against complaints filed with or investigations by a professional licensing board, committee, or regulatory agency to include those against any assistant county attorney, county attorney, or municipal prosecutor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2422
09/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Grand Juries; Minutes. Amend RSA 600:5 to read as follows:
600:5 Clerk; Minutes. The grand jury [may] shall appoint one of their number to be clerk to preserve minutes of the proceedings before them, which shall be delivered to the attorney general or county attorney. A criminal defendant shall be entitled to any grand jury minutes relevant to his or her case.
2 Public Officers and Employees; Chapter Name Change. Amend the chapter name of RSA 99-D to read as follows:
DEFENSE AND INDEMNIFICATION OF [STATE] CERTAIN GOVERNMENT
OFFICERS AND EMPLOYEES
3 Complaints or Investigations Arising From Licensing Board, Committee, or Regulatory Agency Matters. Amend RSA 99-D:11, I to read as follows:
I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all complaints filed with or investigations by a professional licensing board, committee, or regulatory agency against any state officer, trustee, official, employee, member of the general court, assistant county attorney, county attorney, municipal prosecutor, or other person identified in RSA 99-D:2 when acting in the scope of such person's official elected, appointed, or state employment duty and not in a wanton or reckless manner.
4 Effective Date. This act shall take effect 60 days after its passage.
26-2422
12/8/25
HB 1608-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable Increase $650,000 to $1,300,000 | Indeterminable Increase $650,000 to $1,300,000 | Indeterminable Increase $650,000 to $1,300,000 | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | 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 | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable Increase $10,000+ | Indeterminable Increase $10,000+ | Indeterminable Increase $10,000+ | ||
METHODOLOGY:
This bill requires grand juries to appoint a clerk to take and preserve minutes of their proceedings and provides that a criminal defendant is entitled to any grand jury minutes relevant to their case. The bill also expands the defense and indemnification protections under RSA 99-D to include assistant county attorneys, county attorneys, and municipal prosecutors when acting within the scope of their duties.
The Department of Justice (DOJ) states this bill will result in an indeterminable increase in State General Fund expenditures. DOJ indicates that expanding RSA 99-D to cover assistant county attorneys, county attorneys, and municipal prosecutors will increase the number of individuals eligible for state-provided defense and indemnification in matters before licensing boards, committees, or regulatory agencies. DOJ would need to assign attorneys and paralegals within the Civil Bureau to handle these cases.
Based on the volume of potential complaints, DOJ estimates the bill could require staffing equivalent to between one part-time Assistant Attorney General and paralegal, up to two full-time Assistant Attorneys General and two full-time paralegals. The Department also notes that litigation costs, including expert witnesses, could range from $1,000 to $100,000 per case, depending on the complexity of the matter. Because the number of qualifying complaints is unknown, the total fiscal impact is indeterminable but could range from $500,000 to $1,000,000
The Judicial Branch states this bill requires grand juries to keep minutes and imposes storage, management, and access obligations on court clerks. The Branch explains that grand juries do not currently maintain minutes, and the bill provides no procedural standards or mechanics for how minutes must be taken, approved, or preserved.
The Branch states it would need at least one full-time employee to manage the statewide record-keeping program, develop protocols for minute-taking and approval, and administer storage, retrieval, and disclosure procedures. The estimated annual cost for salary, benefits, and related computer and storage systems is between $150,000 and $300,000 of General Fund expenditures.
This bill does not provide funding nor does it authorize the positions requested by the Department of Justice or the Judicial Branch.
The New Hampshire Association of Counties states this bill will likely increase county expenditures. Counties do not currently record or transcribe grand jury proceedings. Requiring minutes to be kept and preserved would necessitate new personnel time, equipment, or contracted transcription services. Counties may also incur additional costs to review and redact minutes if they become subject to disclosure requests. Because counties do not currently perform these functions and because the number of proceedings and requests cannot be predicted, the fiscal impact is indeterminable.
The New Hampshire Municipal Association (NHMA) states this bill may result in indeterminable costs for municipalities. The expansion of indemnification under RSA 99-D raises uncertainty about whether the state or municipalities would bear the cost of defending municipal prosecutors. If municipalities are responsible, the cost of indemnification in cases involving wanton or reckless conduct would exceed $10,000. NHMA is unable to determine the number or frequency of such cases.
Department of Justice, Judicial Branch, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 28, 2026 | House | Hearing |
Jan. 8, 2026: Public Hearing: 01/28/2026 01:00 pm GP 230
Dec. 10, 2025: Introduced 01/07/2026 and referred to Judiciary