Decision Time for 2023 Criminal Justice Bills
An intense month of public hearings wrapped up on Friday for the House Criminal Justice and Public Safety Committee. This is my 5th year as a member of the committee, which for the first time in decades doesn’t include former committee chairpersons Laura Pantelakos and David Welch. In addition to new members outnumbering returning members, because the House of Representatives is almost evenly split between Democrats and Republicans, this session the committee is evenly split with 10 Democrats and 10 Republicans.
So what sort of bills are we dealing with? Typically if a bill tries to add, remove, or change a criminal penalty—or if it’s related to police or judicial reform—it gets referred to our committee. This session the committee held 56 public hearings on bills addressing topics that included cannabis legalization, gun safety/2nd amendment rights, bail process changes, drug penalties, and police reform.
The committee has also started voting on recommendations for the bills.
HB560 passed 19-0. It would create a contact person program to assist law enforcement personnel in situations involving people with special needs or mental health issues.
HB160 would legalize topless sunbathing and ban communities from passing ordinances than ban women from displaying their breasts. It failed by a 14-6 vote and received an Inexpedient to Legislate (thumbs down) recommendation.
HB31 somehow passed a committee that has the words “public safety” in its name by an 11-8 vote. It would repeal the wise and sensible prohibition on the possession or sale of blackjacks, brass knuckles, and related instruments of mayhem.
HB315, prohibiting provocations based on a victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation from being used as a defense in a criminal case, passed 20-0 after being amended to add similar protections for race, religion, and political party.
HB473 which reduces some felony penalties for convictions under NH’s Controlled Drug Act, passed 18-2. However HB216, a bill exempting the hallucinogenic drug dimethyltryptamine from the Controlled Drug Act, received a 14-6 Inexpedient to Legislate recommendation.
HB89, a bill I sponsored that would posthumously exonerate and annul the convictions of two people who suffered historical injustices under NH law (accused witch “Goody” Cole and 1950’s theologian and red scare victim Willard Uphaus), was passed 20-0.
The committee has agreed to “retain” all bills related to changing bail procedures. The idea is to work on the issue over the summer and try to come up with a bill that addresses sore spots in the system in a way that respects constitutional rights.
HB201, a bill that would reduce (but not eliminate) penalties for the first offense of driving without a license, will go to the House for a vote “without recommendation.” This is a result of a party line 10-10 split between Democrats and Republicans. Democrats feel the existing penalty is too severe for a first offense, while Republicans feel that reducing the penalty would give people less reason to comply with the law.
Coming Up This Week
On Tuesday, the House meets in full session to consider some early bills and listen to the governor present his proposal for the next two-year state budget. You can view the festivities here.
On Thursday, the House Criminal Justice and Public Safety Committee will make recommendations on seven gun safety bills along with two that would make federal gun laws and regulations nearly impossible to enforce in New Hampshire. One of the bills up for a vote is HB 351, a bill that I wrote that would lower the risk of unsecured firearms falling into the hands of children, while at the same time strengthening our firearms negligence law in situations when they do. You can view the schedule, add it to your online calendar, and find the YouTube link here.
On Friday, the Committee makes additional recommendations on a racial profiling bill, a cannabis legalization bill, and a bill requiring advance notice be given of federal immigration checkpoints. You can see the full calendar for the day here.