HB1249: providing that persons who provide false or misleading information in an abuse or neglect proceeding shall be guilty of the crime of false swearing.

HB 1249 - AS INTRODUCED

2016 SESSION

16-2177

05/04

HOUSE BILL 1249

AN ACT providing that persons who provide false or misleading information in an abuse or neglect proceeding shall be guilty of the crime of false swearing.

SPONSORS: Rep. Itse, Rock. 10; Rep. Ingbretson, Graf. 15; Rep. K. Rice, Hills. 37; Rep. Edelblut, Hills. 38; Rep. Oligny, Rock. 34; Rep. Lachance, Hills. 8; Rep. Seidel, Hills. 28; Rep. Hull, Graf. 9; Sen. Avard, Dist 12

COMMITTEE: Judiciary

ANALYSIS

This bill provides that a person who submits false or misleading information, or a professional who withholds exculpatory information in an abuse or neglect proceeding, shall be guilty of the crime of false swearing.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2177

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT providing that persons who provide false or misleading information in an abuse or neglect proceeding shall be guilty of the crime of false swearing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Findings. The general court finds that the relationship between children and their parents is so fundamental to the wellbeing of society that intentional, unwarranted interference in that relationship deserves swift and certain punishment.

2 Child Reporting Law; Immunity from Liability; Penalty for False Information. Amend RSA 169-C:31 to read as follows:

169-C:31 Immunity From Liability; Penalty for False Information.

I. Anyone participating in good faith in the making of a report pursuant to this chapter is immune from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant has the same immunity with respect to participation in any investigation by the department or judicial proceeding resulting from such report.

II. Anyone who knowingly provides false information entered as evidence in a hearing, and any professional person engaged in an investigation or employee of the department who withholds exculpatory information, shall be guilty of false swearing under RSA 641:2.

3 Effective Date. This act shall take effect 60 days after its passage.