HB1438: criminalizing interference with a whistleblower.

HB 1438-FN - AS INTRODUCED

2024 SESSION

24-2570

11/08

HOUSE BILL 1438-FN

AN ACT criminalizing interference with a whistleblower.

SPONSORS: Rep. Gerhard, Merr. 25; Rep. T. Mannion, Hills. 1; Rep. Phillips, Rock. 7; Rep. McCarter, Belk. 8; Rep. Phinney, Straf. 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill criminalizes interference with whistleblowers in certain circumstances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2570

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT criminalizing interference with a whistleblower.

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

1 New Section; Whistleblower Protection. Amend RSA 633 by inserting after section 633:11 the following new section:

633:12 Criminal Interference with Whistleblowers.

I. For the purposes of this section, "whistleblower" shall mean someone who reports, via formal complaint, any type of municipal, state or federal waste, fraud, abuse, corruption, or dangers to public health and safety to any person or agency that is specifically tasked with remedying such conduct.

II. It is a class B felony for any civilian state employee to knowingly cooperate or assist with any attempt by law enforcement to detain, arrest or prosecute a whistleblower.

III. It is a class B felony for any civilian state employee to harass with an intent to alarm any whistleblower in an attempt to make the whistleblower submit to detention, arrest or prosecution.

IV. It is a class A felony for a state civilian employee to engage in the conduct in paragraphs II and III if the law enforcement entity is federal.

2 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2570

11/1/23

HB 1438-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to making New Hampshire a whistleblower sanctuary state.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association