Bill Text - HB1641 (2026)

Relative to petitions for certain orders of protection where the subject of the order is either released on bail or on probation.


Revision: Dec. 10, 2025, 10:42 a.m.

HB 1641-FN - AS INTRODUCED

 

 

2026 SESSION

26-3047

09/08

 

HOUSE BILL 1641-FN

 

AN ACT relative to petitions for certain orders of protection where the subject of the order is either released on bail or on probation.

 

SPONSORS: Rep. Manos, Rock. 12; Rep. Beauchemin, Hills. 3; Rep. Gregg, Hills. 7; Rep. Johnson, Straf. 11; Rep. Meuse, Rock. 37; Rep. Newell, Ches. 4; Rep. Scherr, Rock. 26; Rep. Selig, Straf. 10; Rep. M. Smith, Straf. 10; Rep. Read, Rock. 10; Sen. Altschiller, Dist 24

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires the court clerk's office to transmit certain orders of protection to a prosecutor or probation officer where the subject of the order is either released on bail or on probation.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-3047

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to petitions for certain orders of protection where the subject of the order is either released on bail or on probation.

 

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

 

1  New Paragraph; Protection of Persons from Domestic Violence; Temporary Relief.  Amend RSA 173-B:4 by inserting after paragraph II the following new paragraph:  

III.  The clerk’s office shall transmit any orders entered by the court pursuant to this section to the prosecutor and probation office, if such order is issued against a person who is currently subject to a bail order or probation, within 24 hours, excluding any weekend or holiday.  

2  New Paragraph; Protection of Persons from Domestic Violence; Relief.  Amend RSA 173-B:5 by inserting after paragraph X the following new paragraph:  

XI.  The clerk’s office shall transmit any orders entered by the court pursuant to this section to the prosecutor and probation office, if such order is issued against a person who is currently subject to a bail order or probation, within 24 hours, excluding any weekend or holiday.  

3  New Paragraph; Stalking.  Amend RSA 633:3-a by inserting after paragraph III-d the following new paragraph:  

III-e.  The clerk’s office shall transmit any protective orders entered by the court pursuant to this section to the prosecutor and probation office, if such order is issued against a person who is currently subject to a bail order or probation, within 24 hours, excluding any weekend or holiday.  

4  New Section; Restraining Orders.  Amend RSA 491 by inserting after section 25 the following new section:  

491:26  Transmission of Civil Restraining Orders.  The clerk's office shall transmit any civil restraining order, either temporary or final, entered by the court pursuant to any authority to the prosecutor and probation office, if such order is issued against a person who is currently subject to a bail order or probation, within 24 hours, excluding any weekend or holiday.  

5  Effective Date.  This act shall take effect January 1, 2027.  

 

LBA

26-3047

12/8/25

 

HB 1641-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to petitions for certain orders of protection where the subject of the order is either released on bail or on probation.

 

FISCAL IMPACT:   This bill does not provide funding, nor does it authorize new positions.

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

$1,763,000 to $2,000,000

$3,397,000 to $4,000,000

$3,483,000 to $4,000,000

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

 

METHODOLOGY:

This bill requires the clerk’s office in every circuit and superior court to transmit domestic violence, stalking, and civil restraining orders to prosecutors and probation offices within 24 hours when the defendant is subject to bail or probation.

 

The Judicial Branch states this bill will result in a significant increase in state General Fund expenditures beginning in FY 2027.  The Branch explains that to meet the statutory requirement, each of the 43 court locations would need a dedicated full-time Court Operations Specialist responsible for determining whether the subject of a protective order is on probation or under bail conditions, including instances where bail or probation originate from other jurisdictions.

 

The cost for a full-time Court Operations Specialist is $41,000 in FY 2027, $79,000 in FY 2028, and $81,000 in FY 2029.  Because the bill takes effect January 1, 2027, FY 2027 reflects only a half-year cost.  At 43 positions, total personnel expenditures are approximately $1,763,000 in FY 2027, $3,397,000 in FY 2028, and $3,483,000 in FY 2029.  The Branch notes that there may be additional software licensing costs related to conducting criminal records checks, but these would be minimal relative to personnel costs.

 

This bill does not authorize or fund the 43 requested positions.  If the positions do end up being authorized, it is assumed the cost of the positions for FY 2028 and FY 2029 will be included in the Branch's FY 2028 and FY 2029 operating budget request.

 

AGENCIES CONTACTED:

    Judicial Branch