Bill > SB625

This bill establishes a new legal process that allows immediate family members (parents, spouses, or children) of homicide victims to request a written explanation from the Department of Justice if charges are not filed or a case is not retried after a hung jury. If the family member believes there is probable cause to charge a suspect, they can petition the superior court to review the department's decision. The court can then conduct an in-camera review of investigative documents, potentially hold a hearing with witnesses, and determine whether probable cause exists for charging a suspect. If the court finds probable cause, it will provide a confidential recommendation to the Department of Justice, which then has 90 days to review the recommendation and decide whether to seek charges. Importantly, the Department of Justice is not obligated to file charges even if the court recommends doing so. The bill applies only to cases closed or declined for retrial after its effective date (January 1, 2027) and provides specific protections such as ensuring any suspect considered for charges receives notice and legal rights, and limiting the requesting family member's direct participation in any hearing.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1380&inflect=2