This bill introduces a new chapter, Chapter 490-L, to the existing law regarding judicial immunity, specifically allowing civil actions against judicial officers for certain criminal bail decisions. Under the new provisions, judges or members of the judiciary who make bail determinations under RSA 597 can be held liable for civil negligence if specific conditions are met. These conditions include the release of a defendant for serious offenses, such as felonies or violations of RSA 631:2-b, and if that defendant subsequently commits another criminal offense or intentional tort while on release, resulting in physical or financial injury to another person. The bill explicitly states that judicial immunity will not apply in these cases if the outlined requirements are satisfied.

Additionally, the bill allows the injured party, or the decedent's estate or next of kin in the event of death, to bring forth a civil action. The effective date for this act is set for January 1, 2027. The fiscal impact of the bill is indeterminable, as it will depend on the number of civil actions filed, which could range from minimal to significant, potentially costing the state between $0 to $250,000 annually depending on the complexity and volume of cases. The bill does not provide funding or authorize new positions, and the Judicial Branch has indicated that the impact on resources will vary based on the number of cases filed.