Bill > HB1509

This bill creates a new legal mechanism that allows civil actions to be brought against judges and judicial officers for certain criminal bail decisions under specific circumstances. Specifically, a judicial officer can be held liable for civil negligence if they release a criminal defendant under RSA 597 who then commits a subsequent criminal offense or intentional tort, and that offense results in physical or financial injury to another person. The bill applies to defendants released for serious offenses, including violations related to domestic violence (RSA 631:2-b), any felony, or offenses committed while already on bail in another matter. If the victim of the subsequent criminal act dies, their estate or next of kin can bring the civil action. Importantly, this bill eliminates judicial immunity for such claims when the specified conditions are met, which represents a significant departure from traditional legal protections for judges. The law is set to take effect on January 1, 2027, and while the fiscal impact is considered potentially variable, the Judicial Branch estimates the cost could range from $0 to $250,000 annually depending on the number and complexity of civil actions filed under this new legal provision.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1747&inflect=2