Bill Summary – FastDemocracy

HB 495 - AS INTRODUCED
                                              2021 SESSION
                                                                                              21-0622
                                                                                              05/04
HOUSE BILL              495
AN ACT             relative to restraining orders issued in a parenting case.
SPONSORS:          Rep. DeSimone, Rock. 14; Rep. Baldasaro, Rock. 5; Sen. Birdsell, Dist 19
COMMITTEE:         Children and Family Law
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                                                ANALYSIS
    This bill provides that the court shall not issue an order in a parenting case that infringes on a
party's constitutional rights unless the court determines there is no less restrictive means to achieve
a compelling government interest.
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Explanation:      Matter added to current law appears in bold italics.
                  Matter removed from current law appears [in brackets and struckthrough.]
                  Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
                                         HB 495 - AS INTRODUCED
                                                                                            21-0622
                                                                                            05/04
                                        STATE OF NEW HAMPSHIRE
                              In the Year of Our Lord Two Thousand Twenty One
     AN ACT             relative to restraining orders issued in a parenting case.
             Be it Enacted by the Senate and House of Representatives in General Court convened:
1       1 New Paragraph; Parental Rights and Responsibilities; Restraining Orders. Amend RSA 461-
2    A:10 by inserting after paragraph I the following new paragraph:
3           I-a. If any order issued regarding the determination of parental rights and responsibilities,
4    other than one brought under RSA 173-B, infringes on any right or rights a party may have as
5    enumerated under either the federal or state constitution, the court shall identify the right or rights
6    being infringed and, the compelling government objective to be achieved by the infringement. The
7    court shall make written findings that there is no less restrictive way to achieve the compelling
8    government objective. Any party aggrieved by any order not meeting this standard may petition the
9    court to have the order modified or vacated.
10      2 Effective Date. This act shall take effect January 1, 2022.
Statutes affected: 
Ought to Pass: 461-A:10
latest version: 461-A:10