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--- version:Introduced+++ version:As Amended by the House@@ -1,28 +1,46 @@-SB409-FN-ASINTRODUCED+SB409-FN-ASAMENDEDBYTHEHOUSE+14May2026... 1773h+14May2026... 1389h+14May2026... 1964h+14May2026... 1961h2026 SESSION26-217709/08SENATE BILL 409-FN-AN ACT relative to the penalties for the offense of disobeying an officer.+AN ACT relative to the penalties for the offense of disobeying an officer and relative to+liability of governmental units., and relative to liability of governmental units.SPONSORS: Sen. Gannon, Dist 23; Sen. McGough, Dist 11; Sen. Innis, Dist 7; Sen. Lang, Dist2; Sen. McConkey, Dist 3; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Rep. Weyler,Rock. 14; Rep. Rice, Hills. 38; Rep. L. Walsh, Rock. 15; Rep. Bernardy, Rock. 36;Rep. Rhodes, Ches. 17COMMITTEE: Judiciary─────────────────────────────────────────────────────────────────-ANALYSIS-This bill amends the penalties for the offense of disobeying an officer.-This bill is a request of the department of safety.+AMENDED ANALYSIS+This bill:+I. Amends the penalties for the offense of disobeying an officer.+II. Modifies the standards and amounts for which a governmental unit may be held liable for+negligence resulting in personal injury or property damage.+III. Establishes for students, student organizations, and faculty members of publicly funded+New Hampshire colleges and universities the right to certain due process protections when+disciplinary proceedings are brought against them by such institutions, and addresses the+provisions' applicability to collective bargaining agreements.+IV. Requires political subdivisions to indemnify employees absent wanton on reckless conduct+for negligent conduct resulting in personal injury or property damage, if the action was within the+scope of the employment.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -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removed from current law appears [in brackets and struckthrough.]Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.-SB409-FN-ASINTRODUCED-26-2177+SB409-FN-ASAMENDEDBYTHEHOUSE+14May2026... 1773h+14May2026... 1389h+14May2026... 1964h+14May2026... 1961h 26-217709/08STATE OF NEW HAMPSHIREIn the Year of Our Lord Two Thousand Twenty-Six-AN ACT relative to the penalties for the offense of disobeying an officer.+AN ACT relative to the penalties for the offense of disobeying an officer and relative to+liability of governmental units., and relative to liability of governmental units.Be it Enacted by the Senate and House of Representatives in General Court convened:1 Disobeying an Officer; Penalties. Amend RSA 265:4, II-III to read as follows:II. Any person who violates any provision of paragraph I of this section may have his or her@@ -31,15 +49,25 @@(a) Any person who violates the provisions of subparagraphs I (a), (b), (d), (e), or (f) ofthis section shall be guilty of a class A misdemeanor.[III.(a) In addition to the penalties listed in paragraph II,] (b) Any person who violates the-provisions of subparagraph I(c) shall be guilty of a class B felony [A misdemeanor and shall be fined-not less than $500].-[(b) Any person who violates the provisions of subparagraph I(c), and is involved in a-motor vehicle accident which causes serious bodily injury as defined in RSA 625:11, VI while being-pursued, shall be guilty of a class B felony.]-(c) Any person who violates the provisions of subparagraph I(c), and is involved in a-motor vehicle accident which injures or causes the death of a person [another while being-pursued], shall be guilty of a class A felony.-2 Effective Date. This act shall take effect January 1, 2027.+provisions of subparagraph I(c) shall be guilty of a class B felony who, at the time of the offense+alleged:+(1) Drives or operates at a speed more than 30 miles per hour in excess of the+prima facie limit;+(2) Extinguishes the vehicle's exterior lighting to evade detection;+(3) Operates a vehicle against the designated flow of traffic on a one-way+street, divided highway, or off-ramp;+(4) Intentionally causes a collision with, or damage to, a law enforcement+vehicle with the intent to disable said vehicle or elude apprehension; or+(5) Engages in any other extrahazardous behavior in addition to refusing to+stop, that is intended to evade apprehension which a reasonable person would know+creates a substantial risk of death or serious bodily injury to the officer, the person, or the+general public [A misdemeanor and shall be fined not less than $500].+[(b)] (c) Any person who violates the provisions of subparagraph I(c), and is involved in a+motor vehicle [accident] collision which causes serious bodily injury as defined in RSA 625:11, VI+[while being pursued], shall be guilty of a class B felony.+[(c)] (d) Any person who violates the provisions of subparagraph I(c), and is involved in a+motor vehicle [accident] collision which causes the death of another, shall be guilty of a class A+felony.123@@ -56,6 +84,346 @@141516+17+18+19+20+21+22+23+24+25+26+SB409-FN-ASAMENDEDBYTHEHOUSE+-Page2-+2 New Chapter; Due Process Protections for Students, Student Organizations, and Faculty+Members of New Hampshire Public Post-Secondary Education Institutions. Amend RSA by+inserting after chapter 188-J the following new chapter:+CHAPTER 188-K+DUE PROCESS PROTECTIONS FOR STUDENTS, STUDENT ORGANIZATIONS, AND FACULTY+MEMBERS OF NEW HAMPSHIRE PUBLIC POST-SECONDARY EDUCATION INSTITUTIONS+188-K:1 Declaration of Purpose. The purpose of this chapter is to establish for students, student+organizations, and faculty members of publicly funded New Hampshire colleges and universities the+right to certain due process protections when disciplinary proceedings are brought against them by+such institutions.+188-K:2 Definitions. As used in this chapter:+I. “Disciplinary proceeding” means an action or proceeding instituted against a student,+student organization, or faculty member of a New Hampshire public institution of higher education+that could result in the student or faculty member being suspended, expelled, or terminated, or+result in a student organization being deprived, either temporarily or permanently, of any of the+rights or privileges accorded to other student organizations duly recognized or approved by the+institution.+II. “Faculty member” means a full or part-time member of the faculty of a New Hampshire+public institution of higher education, but does not include a faculty member who is in probationary+status.+III. “Public institution of higher education” means "public institution of higher education" as+defined by RSA 188-J:1, V.+IV. “Student” means "student" as defined by RSA 188-J:1, VII.+V. “Student organization” means "student organization" as defined by RSA 188-J:1, VIII.+188-K:3 Due Process Rights Established.+I. In all disciplinary proceedings, as defined by RSA 188-K:2, I, against a student, student+organization, or faculty member, the student, student organization, or faculty member shall be+entitled to a hearing under published procedures that include, at a minimum, all of the following:+(a) The right to receive written notice at least 7 days prior to the hearing of the+allegations upon which the proceeding is based, and the specific provisions of law, rule, regulation, or+code of conduct that allegedly were violated.+(b) The right to receive at least 5 days before the hearing a listing of all known witnesses+who have provided or will provide evidence or information against the student, student organization,+or faculty member, as well as copies of all written documents, statements of witnesses, photographs,+electronic data, tangible evidence, and all other relevant inculpatory or exculpatory information.+Recipients shall take reasonable steps to prevent the parties from disclosing to third parties+information and evidence obtained through the grievance process.+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB409-FN-ASAMENDEDBYTHEHOUSE+-Page3-+(c) The right to the presumption that no violation occurred. This presumption may be+overcome only if the public institution of higher education establishes by a preponderance of the+evidence that the violation alleged was committed by the student, student organization, or faculty+member charged.+(d) The right against self-incrimination.+(e) The right to confront and cross-examine witnesses who provide evidence against the+student, student organization, or faculty member; provided, however, that if a person who claims to+be a victim of the conduct giving rise to the disciplinary action objects to being cross-examined by the+person accused of the violation, the hearing officer or panel shall require that the cross-examination+be conducted by another person selected by the accused and approved by the hearing officer or panel.+The person accused shall have the right to be present when his or her accuser is cross-examined.+(f) The right to present a defense and call witnesses in support of the defense.+(g) The right to an impartial hearing officer or panel.+(h) The right to have the assistance of an advisor, advocate, or legal representative, at+the student's, student organization's, or faculty member’s own expense, who shall be allowed to be+present at and directly participate in all aspects of the proceeding. Such advisor, advocate, or legal+representative shall not serve in any other role in connection with the proceeding, including as+investigator, witness, decider of fact, hearings officer, panel member, decider of an appeal, or advisor+to any of the foregoing.+(i) The right to have a verbatim record of the hearing made and preserved for use in the+event there is an appeal.+(j) The right to appeal a final adverse decision to the vice president of student affairs or+equivalent official or body specifically designated by the institution to hear such appeals. The person+or persons comprising the appeal tribunal shall not have directly participated in any other aspect of+the proceeding in question.+II. The procedural rights, including the hearing, specified in paragraph I shall be afforded to+a student, student organization, or faculty member prior to the imposition of any discipline, provided+however that, in cases where the public institution of higher education can show a substantial+likelihood of an immediate threat to the physical health or safety of any student or other individual+before a hearing can be held, the institution may immediately take such actions as are necessary to+prevent or ameliorate the threat and shall thereupon hold the hearing as soon as reasonably+practicable after it has taken such actions.+III. A student, student organization, or faculty member may waive any or all of the rights+specified in paragraph I, provided that such waiver is made knowingly, intelligently, and voluntarily.+188-K:4 Rules and Regulations of Public Institutions of Higher Education. Any New Hampshire+public institution of higher education may adopt rules, regulations, policies, or procedures that+afford students, student organizations, or faculty members more due process protections than those+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB409-FN-ASAMENDEDBYTHEHOUSE+-Page4-+provided in this chapter, but no such institution shall adopt or utilize any rules, regulations, policies,+or procedures that afford students, student organizations, or faculty members facing a disciplinary+proceeding less protections than those afforded them herein.+188-K:5 Applicability of Chapter to Existing Collective Bargaining Agreements. If the rights+afforded to faculty members under this chapter conflict with grievance or disciplinary procedures+established under a valid collective bargaining agreement between a public institution of higher+education and a union representing faculty members of such institution that is in effect when this+chapter becomes effective, the grievance or disciplinary procedures provided for in the collective+bargaining agreement rather than those provided by this chapter shall apply to any disciplinary+proceedings brought against faculty members covered by the collective bargaining agreement while+the agreement remains in effect. After the expiration of said collective bargaining agreement, the+provisions of this chapter shall apply to any new disciplinary proceedings commenced against faculty+members represented by the union. From and after the effective date of this chapter, no public+institution of higher education and no union representing faculty members of such institution shall+enter into any new collective bargaining agreement, nor extend the expiration date of an existing+collective bargaining agreement, which contains grievance or disciplinary procedures less protective+of faculty members’ due process rights than those established by this chapter.+3 Bodily Injury Actions Against Governmental Units; Liability for Negligence. RSA 507-B:2 is+repealed and reenacted to read as follows:+507-B:2 Liability for Negligence.+I. A governmental unit may be held liable for damages for:+(a) Bodily injury, personal injury, death, or property damages caused by the failure of+the governmental unit or its officials or employees acting within the scope of their authority to follow+the appropriate standard of care when that duty was owed to the person making the claim, including+any right of action for money damages which either expressly or by implication arises from any law,+unless another remedy for such claim is expressly provided by law; or+(b) Property damages suffered by a governmental unit employee or official during the+performance of that employee's or official's duties while on the governmental unit’s business where+compensation is appropriate under principles of equity and good conscience;+(c) Provided, however, that the liability of any governmental unit with respect to its+sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any+governmental unit with respect to publicly owned airport runways and taxiways shall be limited as+set forth in RSA 422.+II. The provisions of this chapter shall not apply to:+(a) Any claim based upon an act or omission of an employee or official of a governmental+unit when such employee or official is exercising due care in the execution of any statute or any+regulation of a public employer, or any municipal ordinance.+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB409-FN-ASAMENDEDBYTHEHOUSE+-Page5-+(b) Any claim based upon the exercise or performance or the failure to exercise or+perform a discretionary executive or planning function or duty on the part of an employee or official+of a governmental unit acting within the scope of his office or employment.+4 Bodily Injury Actions Against Governmental Units; Limit of Liability. Amend RSA 507-B:4, I+to read as follows:+I. Liability of a governmental unit for bodily injury, personal injury or property damage+sustained by any one person in actions brought under this chapter is limited to [$325,000] $475,000+per claimant and $1,425,000 per any single incident, or the proceeds from any insurance+policy, whichever amount is greater. Such limit applies in the aggregate to any and all actions to+recover for bodily injury, personal injury or property damage sustained by one person in a single+incident or occurrence. [Liability of a governmental unit for bodily injury, personal injury, or+property damage sustained by any number of persons in a single incident or occurrence is limited to+$1,000,000.] The limits applicable to any action shall be the limits in effect at the time of the+judgment or settlement.+5 Bodily Injury Actions Against Governmental Units; Insurance Policies Procured by+Governmental Agency. Amend RSA 507-B:7-a to read as follows:+507-B:7-a Insurance Policies Procured by Governmental Agency. It shall be lawful for the state+or any municipal subdivision thereof, including any county, city, town, school district, school+administrative unit or other district, to procure the policies of insurance described in RSA 412 or+participate in pooled risk management, or self-insurance, pursuant to RSA 5-B. In any+action against the state or any municipal subdivision thereof to enforce liability on account of a risk+so insured against, the insuring company or state or municipal subdivision thereof shall not be+allowed to plead as a defense immunity from liability for damages resulting from the performance of+governmental functions, and its liability shall be determined as in the case of a private corporation+except when a standard of care differing from that of a private corporation is set forth by statute or+common law; provided, however, that liability in any such case shall not exceed the limits of+coverage specified in the policy of insurance or as to governmental units defined in RSA 507-B,+liability shall not exceed the policy or pooled risk limit or the limit specified in RSA 507-B:4, if+applicable, whichever is higher, or for self-insurance, the limit specified in RSA 507-B:4, and+the court shall abate any verdict in any such action to the extent that it exceeds such limit.+6 Political Subdivision Employees; Indemnification for Damages. Amend RSA 31:105 to read as+follows:+31:105 Indemnification for Damages. A city, town, county, village district or precinct, school+district, chartered public school, school administrative unit, or any other municipal corporation or+political subdivision [may by a vote of the governing body] shall indemnify and save harmless for+loss or damage [occurring after said vote] any person employed by it and any member or officer of its+governing board, administrative staff or agencies including but not limited to selectmen, school+1+2+3+4+5+6+7+8+9+10+11+12+13+14+15+16+17+18+19+20+21+22+23+24+25+26+27+28+29+30+31+32+33+34+35+36+37+SB409-FN-ASAMENDEDBYTHEHOUSE+-Page6-+board members, chartered public school trustees, city councilors and aldermen, town and city+managers, regional planning commissioners, town and city health officers, overseers of public+welfare, and superintendents of schools from personal financial loss and expense including+reasonable legal fees and costs, if any, arising out of any claim, demand, suit, or judgment by reason+of negligence or other act resulting in accidental injury to a person or accidental damage to or+destruction of property if the indemnified person at the time of the accident resulting in the injury,+damage, or destruction was acting in the scope of employment or office and such acts were not+wanton or reckless.+7 Effective Date.+I. Section 1 of this act shall take effect January 1, 2027.+II. Section 2 of this act shall take effect July 1, 2026.+III. Sections 3 through 6 of this act shall take effect January 1, 2027.+1+2+3+4+5+6+7+8+9+10+11+12LBA26-217710/2/25
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