This bill introduces a new section to RSA 601, allowing family members of intentional homicide victims—specifically parents, spouses, or children—to request a written explanation from the Department of Justice when charges are not filed or retrials are not pursued after a hung jury. The bill stipulates that the Department must provide this explanation in cases where the state medical examiner has ruled the death a homicide, including instances where the case is closed without charges or where a mistrial has occurred. However, if the Department considers the investigation open, even if deemed "cold," they are not required to provide an explanation.
Furthermore, 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 Department's decision. The court will assess the written explanation and may require additional investigative reports if necessary. If the court finds probable cause, it will recommend prosecution to the Department of Justice, which must respond within 90 days. The bill clarifies that it applies only to cases where the Department closes the case or declines to retry after the bill's effective date of January 1, 2027, and does not apply retroactively.