Revision: April 20, 2026, 3:21 p.m.
Rep. Berch, Ches. 6
April 20, 2026
2026-1575h
09/08
Floor Amendment to SB 464-FN
Amend the bill by replacing section 1 with the following:
1 Civil Rights Act; Civil Rights Enforcement. RSA 354-B:1 is repealed and reenacted to read as follows:
354-B:1 Civil Rights Enforcement.
I.(a) Any person who, motivated in whole or in part by the race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability of the person, group, or organization directly or indirectly targeted by the unlawful act, or the affiliation or association of the person, group, or organization directly or indirectly targeted by the unlawful act with a person or people of a certain race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability, knowingly commits one of the following unlawful acts shall be subject to civil liability under RSA 354-B:2 and to the remedies provided in RSA 354-B:3 and RSA 354-B:4:
(1) Using unprivileged force against another;
(2) Committing an act of violence against another;
(3) Causing damage to or trespassing on the property of another; or
(4) Threatening to commit any of the acts listed above.
(b) “Threatening to commit” means the communication, by physical conduct or by declaration, of an intent to inflict harm or damage to person or property that, taken in the context of surrounding circumstances, would convey to a reasonable person that the actor has the apparent ability to carry out the threat.
II. Nothing in this chapter shall be construed to prohibit any conduct or speech that is protected under the United States Constitution or the New Hampshire constitution.
III. It shall be unlawful for any person to interfere or attempt to interfere with the rights secured by this chapter.
2026-1575h
AMENDED ANALYSIS
This bill changes the standard for civil rights enforcement.