The "Safe Home, Silent Victims Act" aims to establish enhanced penalties for domestic violence offenses committed in the presence of a child under 18 years of age. The bill amends RSA 651:2 by inserting a new paragraph that specifies increased penalties for such offenses, including longer maximum imprisonment terms for class A misdemeanors and class B felonies, as well as a mandatory minimum sentence of 30 days. The definition of "in the presence of a child" is clarified to include situations where a child could reasonably be expected to see or hear the domestic violence, regardless of whether they actually witnessed it. Additionally, the bill ensures that the victimized parent's conduct is not criminalized and does not create presumptions about their fitness as a caregiver.

Furthermore, the bill mandates that law enforcement officials report any domestic violence incidents occurring in the presence of a child, as defined in the new legal language. It also requires the Police Standards and Training Council to incorporate training on identifying child presence at domestic violence scenes and directs the Attorney General to develop guidelines for prosecutors regarding the application of these enhanced penalties. The act is set to take effect on January 1, 2027, and its fiscal impact on state and local governments is currently indeterminable, as it may affect judicial and correctional systems.

Statutes affected:
Introduced: 651:2, 169-C:29
HB1556 text: 651:2, 169-C:29