NH Senate Backs Bail Reform, Puts Off No-Knock Warrants Bill

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Paula Tracy photo

New Hampshire Senate met Wednesday.

By PAULA TRACY, InDepthNH.org

CONCORD – State Senators passed a bail reform bill on a voice vote Wednesday less than two hours after the Republican majority outlined their agenda for the coming year which focuses on keeping the state without a sales or income tax.

Sen. Daryl Abbas, R-Salem, asked his fellow Senators to pass SB 248-FN, relative to bail for defendants who are accused of violent crimes or child rape, saying the bill was necessary to prevent harm.

Law enforcement officials urged such passage in hearings last year.

“We have heard testimony for years in both the House and the Senate that we need bail reform. We have dangerous individuals committing crimes, being released on bail, and then immediately reoffending,” Abbas said. “No one should be denied bail solely because they cannot afford it, and this bill will not change that. This bill requires a judge to determine whether a violent offender poses a threat to the public before being released. Senate Republicans have been fighting for years for common sense bail reform, and we will continue to do so to keep our communities safe.”

A motion of ought to pass on SB 248-FN was adopted by voice vote and ordered to the Senate Finance Committee.

House Bill 135-FN related to no-knock warrants was put off until the next time the Senate meets.

State Sen. Tim Lang, R-Northfield, said there is an unintended consequence in the language of the bill which states that in exceptions, the officer has to be in uniform.

Majority Leader state Sen. Sharon Carson, R-Londonderry, said she believed if a person wakes up in the middle of the night with someone crashing through their door, they should at least know it is not a home invasion.

She said the bill is simply asking that the police wear some identification.

“People need to know that their civil rights are going to be protected,” Carson said. “I think this is a reasonable stand for us to take…We’re trying to do something very narrow.”

Democratic state Sen. Becky Whitley of Hopkinton agreed.

In fact, lawmakers agreed with each other more than they disagreed in the more than 30 hold-over bills that were on their regular calendar. 

And there may be signs that the two parties can come together this year on a number of bills.

As lawmakers launched into their second of two years of service at the State House, Wednesday, Democrats vowed to take on gun violence and enact new laws to make New Hampshire a safer place.

One initiative which could possibly see bipartisan support would require the state to send to the federal government information on those who are mentally ill if they want to get firearms.

The so-called Chief Bradley Haas Mental Health Firearms Reporting Act has both Republican and Democratic support.

It honors the late security officer and former Franklin Police Chief who was killed at the New Hampshire State Hospital. He died when a former mental health patient stormed the facility and was killed by responding State Police.

Gathering on the State House Plaza before the sessions, state Sen. Donovan Fenton, D-Keene, said he recalled going to school in the fourth grade in 1999 after the mass shooting at Columbine High School in Colorado gripped the country.

“I remember thinking how useless it felt to hide in the corner of a room when faced with the idea of someone with a gun; how the teachers had no answer for how to stop this; how the parents could not reassure us that everyone would be alright. And this was over 20 years ago. Now my wife and I are looking to send our children to New Hampshire schools and nothing has changed,” Fenton said.

Fenton, together with Sen. Debra Altschiller, D-Stratham, issued a statement: “New Hampshire citizens are clear that they support and demand action on gun violence prevention. We are listening, and along with our House colleagues, are introducing a comprehensive package to address the gaps and challenges within the current system.

“The time to take action on gun violence prevention was yesterday,” Altschiller said, “but today is better than waiting a minute longer. We cannot continue to live in the dangerous delusion that gun violence is not a problem in our state.

“We are standing together in 2024 to fight for Granite Staters to live free of gun violence in their homes, schools, hospitals, and places of worship because the people of our state demand action, and Democrats are taking action now,” they said.

After gathering with about 40 supporters in the State House, members of the press moved to the Legislative Office Building where Senate Republicans laid out their goals for the upcoming session.

Senate President Jeb Bradley, R-Wolfeboro, together with Senate Majority Leader Sharon Carson, R-Londonderry, stressed fiscal responsibility and keeping communities safe as top priorities.

And responding to a question, Bradley said there may be bipartisan support for some gun legislation, particularly the bill that allows the state to send involuntary committal information to the federal registry – the National Instant Criminal Background Check or NICS which other states have, and which could prevent those individuals from getting a firearm.

On the Senate Republicans priority list for the year is helping financially struggling residents get by.

Bradley said that rising prices have made life more challenging for Granite Staters and that a focus will be on helping to keep costs down and aiding business profits to stay up.

“Republicans have a conservative, common-sense plan to ease these financial pressures. We will always block any income tax, sales tax, or capital gains tax that would stifle our businesses and communities, and oppose the return of divisive donor towns. Protecting our wallets, expanding school choice, and working to keep energy costs down will help all citizens across New Hampshire. This is how we maintain our New Hampshire Advantage.”

Carson added “Republicans will work to focus on issues that affect Granite Staters. Instituting bail reform and preventing sanctuary cities in our state will help keep New Hampshire the safest state in the nation. Proposing a Parental Bill of Rights under the Honesty in Education Act gives parents more of a say in their child’s education and puts the power back with parents.”

Priorities of Senate Republicans also include protecting the northern border with Canada, prohibiting the People’s Republic of China from purchasing land near military facilities, passing mandatory minimum sentences for trafficking and distributing large quantities of Fentanyl,

strengthening penalties for DWI and consideration for bonding for a new men’s prison.

Standing together, all 14 Republican senators also noted they are interested in continuing to work on empowering parents to be able to access information on everything their children are doing in school.

Bradley said a decision in November by Rockingham County Superior Court Judge David Ruoff, which is now being appealed to the Supreme Court, imperils the state’s tax status.

He said the Republicans would be fighting against judicial overreach that ignores our Student-Centered Education Funding Formula and mandates the spending of over half a billion dollars,” which he said would force a broad-based tax.

Bradley said the priority will be on providing communities with property tax relief by sending state aid to local school districts through the Student-Centered Education Funding Formula, which increased by $169 million over the biennium.

Part of the plan will be to block policies “that will hurt workers and drive-up costs for small businesses…and protect business tax cuts that have grown the economy resulting in budget surpluses.”

The Republicans also outlined efforts to streamline licensing processes, protecting the Granite Advantage program, which helped lower health insurance premiums, improving incentives to attract and retain trained health care professionals, increasing the number of available mental health beds, providing assistance to farmers who have experienced major crop loss in 2023, improve and expand net metering and water quality in New Hampshire and support clean water initiatives including efforts to reduce PFOAS and cyanobacteria contamination.

There will also be efforts at doubling dedicated funding for the Affordable Housing Fund through the Real Estate Transfer Tax.

Bradley and Carson also noted that a priority is implementing the InvestNH program to develop affordable workforce housing.

After the Republican press conference, the Senate took action on holdover bills and had a few disagreements. One was on an amended Senate Bill 219-FN-L relative to salaries for public school teachers.

The bill would require school districts to annually publish salary information.

Democrats opposed the bill saying it would be an unfunded mandate while Republicans said the bill is about transparency.

Carson said when tax bills go out, constituents want to find out what teachers make and where their money is going.

“People are struggling, and they care about their schools,” Carson said. “You also want to know where the rest of the money is going.”  

Sen. Altschiller said the bill is totally different from the one that had public hearings and should be subject to a new filing. 

But the vote was 14-10 to pass the amended bill. 

The Senate passed on a bipartisan vote, SB 217-FN, relative to an incentive program for educators in rural and underserved areas.

The measure would create a student loan forgiveness program for educators who work in rural and underserved areas to help them recruit and retain educators.

This would provide up to $12,000 over several years for public school educators to pay off their college loans. The bill next goes to Senate Finance for further consideration. 

Megan Tuttle, president of NEA-New Hampshire praised the vote.

“It’s no secret that New Hampshire is grappling with an educator shortage; the headlines are popping up across the state. Local school districts alone cannot solve this issue. SB 217 is an important state investment to help address this shortage by alleviating some of the burden of student loan debt, which can be a barrier to entry into the profession,” Tuttle said.

The bill sets aside $3 million over two years to fund the program. 

Senate Bill 133-FN, an effort to change the date of the state primary election to May was voted to interim study by the Senate on a voice vote.

On a vote of 13-11, the Senate tabled House Bill 572-FN relative to a change in eligibility for free school meals.

Whitley said a motion to table would not support a moral obligation to feed children of this state.

An amended House Bill 596-FN, prohibiting the use of racial profiling in law enforcement activities and in sentencing passed.

Whitley said it is time to “put a stake in the ground” on racial profiling. She said the amendment using the word “solely” is not necessary. The bill now goes to Senate Finance.

The Senate also passed an amended House Bill 307-FN which was pulled from the consent calendar. It provides fees for those who prevail on such right-to- know litigation. The amendment changes the effective date. The bill will also go to Finance.

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