Committee hears bill to raise penalties for assaults on first responders; advocates urge changes to protect people in crisis

Representative Dennis Mannion introduced House Bill 59 to the House Criminal Justice and Public Safety Committee, saying the bill would add enhanced penalties when someone "knowingly" or "recklessly" causes bodily injury to a public safety official and would move some offenses into higher misdemeanor or felony classes.

The bill would add a subsection to New Hampshire assault law naming law enforcement officers, paid firefighters, on-call/volunteer firefighters and EMS personnel as protected categories. Representative Mannion told the committee the change would, among other things, allow for an "extended term of imprisonment" in some cases and would make the statute "cleaner" by placing enhanced penalties in the assault sections themselves.

Why it matters: supporters told the committee they often see first responders injured while doing routine work and said existing misdemeanor charges can be treated as too minor by prosecutors. Representative Mark Prue, a Manchester-based EMT with decades of field experience, described repeated assaults on EMS workers and said prosecutorial responses often feel inadequate; he said victims are sometimes told "nothing will happen with it, so why bother." Supporters argued HB 59 would give prosecutors clearer charging options and a stronger deterrent.

Opponents included NAMI New Hampshire, the Disability Rights Center of New Hampshire and civil liberties advocates. Holly Stevens, director of public policy at NAMI New Hampshire, said the bill as written would likely bring more people having a mental-health crisis into the criminal-justice system and noted that raising common assault to a felony permits warrantless arrests that can make bail/transportation and release more difficult. "People in crisis deserve treatment and support not to be arrested, jailed, or facing disproportionate penalties," Stevens said.

Karen Rosenberg, policy director at the Disability Rights Center, urged the committee to consider the bill's effects on people with dementia, developmental disabilities and acquired brain injuries. Rosenberg said such people can behave aggressively during a crisis in ways that reflect their disability, and that automatic felony exposure could lead to unnecessary incarceration and harm.

Several committee members and witnesses discussed specific language choices: "recklessly" versus "purposely/purposefully," the statutory definition of "unprivileged physical contact," and whether off-duty or plainclothes first responders would be covered. Representative Mannion and others said the bill requires that the defendant know the victim is a public-safety official for the enhancement to apply; proponents also emphasized that sentencing enhancements are not mandatory minimums and judicial discretion would remain.

Law-enforcement representatives said they support tougher penalties but were open to technical changes and subcommittee work. Elizabeth Sargent, speaking for the New Hampshire Association of Chiefs of Police, said the association supports the bill and is willing to work with stakeholders to refine language. Several committee members urged bipartisan working-group discussions to narrow wording on culpability standards and carve-outs for people with disabilities.

No formal vote was taken. Committee members signaled interest in amendments to clarify the bill’s scope and to address concerns expressed by mental-health and disability advocates.

Ending: The committee moved on after public testimony and departmental comments; sponsors and advocates indicated a willingness to meet before any executive-session vote to adjust the bill's definitions and procedural effects.