This bill allows family members of intentional homicide victims to request an evidentiary hearing when the Department of Justice (DOJ) does not file charges or declines to seek a retrial after a hung jury. Specifically, it introduces a new section, RSA 601:10, which grants parents, spouses, or children of homicide victims the right to request a written explanation from the DOJ regarding the decision not to file charges. The bill outlines the circumstances under which this request can be made, including cases where the DOJ has closed an investigation without charges or has opted not to retry a case after a mistrial. The DOJ is required to provide an explanation unless the investigation is still considered open.
If the family members believe there is probable cause to charge a person of interest, they can petition the superior court for a review of the DOJ's decision. The court will assess the written explanation and may require additional investigative materials for in-camera review. The court's decision on whether probable cause exists will not be appealable, and if the court finds probable cause, it will recommend prosecution to the DOJ. The bill is set to take effect on January 1, 2027, and does not apply retroactively to cases closed or not retried before this date. Additionally, the bill does not provide funding or authorize new positions, but it is expected to increase the workload for the DOJ and the judicial system, leading to indeterminable costs.