Committee adopts and retains measures after multi-hour executive session; key votes on parental-consent amendment, cannabis, search‑warrant bill

The Criminal Justice and Public Safety Committee held an executive session that produced a series of formal actions on multiple bills, including adoption of an amendment to House Bill 191 requiring notarized written permission for an adult to take a minor for a surgical procedure and votes on several cannabis measures and public‑safety bills.

The committee's decisions: It adopted amendment 0756H to HB191 and then passed HB191 as amended (each vote 9‑7); it voted to pass SB/HP 190 (14‑0) and HB198 (9‑7) on cannabis-related measures; it rejected a motion to pass SB206 (8‑8 tie) and later retained that bill (9‑7); it approved an amendment and final passage for HB321 (amendment 17‑0; bill 16‑0 on consent); and it adopted an amendment and passed HB343 (16‑0). Several other bills were retained for further work.

Why it matters: The votes change what the committee will report to the full Legislature on several criminal‑justice topics. The HB191 amendment — added after lengthy debate — inserts a notarization requirement for written parental permission for surgical procedures on minors, a change lawmakers debated for hours over enforceability and access to notaries. The SB206 debate raised constitutional concerns about how a statutory warrant requirement would interact with existing search‑warrant exceptions and the "open fields" doctrine.

What the committee did on the most contested items

HB191 (amendment 0756H and final passage as amended)

Chairman Roy, chair of the committee, introduced amendment 0756H to House Bill 191 and said the impetus was a concern that "adults shouldn't be taking other people's children without their written permission for surgical procedures, any surgical procedure at all." After hours of testimony and back‑and‑forth among members, the committee adopted the amendment by roll call, 9‑7, and then voted to report HB191 out of committee as amended, also 9‑7.

Supporters argued the notarization requirement would make prosecution of forged consent easier and drew attention to available online notarization services; Chairman Roy said online notaries exist and cited a service as an example. Opponents raised access concerns. Representative Murray said getting something notarized "took me hours" during a recent experience and warned that the requirement could be a barrier for working parents and low‑income families.

Several members also debated how the amendment would function in practice: whether hospitals would be a gatekeeper to verify notarized consent and whether the requirement would be primarily enforceable only "after the fact" through criminal charges. Representative Sher cautioned that a private right of action would remain regardless of notarization and argued notarization may not materially change prosecutorial proof in many cases.

Action(s): - Adopt amendment 0756H to HB191; mover: Chairman Roy (motion recorded on the floor); second: Representative Rhodes; vote: 9 yes, 7 no; outcome: approved. - Ought to pass as amended (HB191); mover: Chairman Roy; second: Representative Rhodes; vote: 9 yes, 7 no; outcome: approved.

SB206 / (listed in the record as SB/SB 206) — entry onto posted private land and search warrants

Representative LaSalle brought forward a measure (listed in the transcript as SB206/SB 206) that would require law enforcement to obtain a search warrant to enter privately owned land that is posted "no trespassing," narrowing reliance on the open‑fields doctrine. LaSalle said the bill would require respect for posted private property and noted that some law enforcement agencies already obtain warrants as policy.

Members who enforce and administer the law raised practical concerns. Representative Murray and others reported testimony from the Department of Transportation that routine surveying and municipal work could be impeded, and the New Hampshire Chiefs of Police and a county attorney warned the bill could affect delivering civil notices or serving protective orders. Representative Cher identified drafting problems that could unintentionally limit recognized search‑warrant exceptions and suggested the statutory language seemed to treat exigent circumstances as sufficient without the constitutionally required probable cause.

The committee's first attempt to report the measure "ought to pass" failed on a tied 8‑8 vote. A subsequent procedural motion ("expedient to legislate") also failed, and the committee then voted to retain the bill for further work (9‑7).

Action(s): - Motion: "Ought to pass" on SB206; vote: 8 yes, 8 no; outcome: failed. - Motion: "Expedient to legislate" on SB206; vote: 8 yes, 8 no; outcome: failed. - Motion: retain SB206 for further work; mover: Vice chair Rhodes; vote: 9 yes, 7 no; outcome: tabled/retained.

HB198 and HB190 — cannabis measures

The committee moved two cannabis‑related measures during the session. An earlier bill recorded as HP190 FN was reported "ought to pass" unanimously (14‑0) and was placed on the consent calendar. Separately, House Bill 198 — described at the time as a measure to legalize cannabis while addressing public‑use concerns — was reported "ought to pass" on a 9‑7 vote after brief remarks in support by Representative Murray and others who described the bill as a "common sense compromise." The votes will determine whether the bills move from committee for consideration by the full House.

Action(s): - HP190 FN: motion "ought to pass"; vote: 14 yes, 0 no; outcome: approved; placed on consent. - HB198: motion "ought to pass"; vote: 9 yes, 7 no; outcome: approved.

HB321 — extension for payment of motor‑vehicle financial obligations (amendment and final)

The committee considered an amendment (20250347H) to House Bill 321 that extends the initial period to pay certain fines from 30 days to 90 days and authorizes the DMV to promulgate rules allowing a second 90‑day extension. Representative Rhodes explained the amendment aims to reduce license suspensions and extra costs for low‑income individuals who cannot pay fines within the current 30‑day window. Representative Murray offered a personal example of the financial strain such fines can cause.

The committee adopted the amendment by roll call, 17‑0, and then voted to report HB321 out of committee as amended; the final vote recorded on the floor for passage as amended was 16‑0, and the item was placed on consent.

Action(s): - Adopt amendment 20250347H to HB321; vote: 17 yes, 0 no; outcome: approved. - Ought to pass as amended (HB321); vote: 16 yes, 0 no; outcome: approved; placed on consent.

HB343 — Northern Border Alliance reporting amendment

Representative Murray sponsored an amendment (0499H) to HB343 that would codify reporting requirements for the Northern Border Alliance and add specific reporting on Customs and Border Protection‑related incidents and the residences of individuals engaged with the program. Murray said the change was intended to give the Legislature better information to evaluate program effectiveness. The committee adopted the amendment 16‑0, and then voted to report HB343 as amended, 16‑0; the item was placed on consent.

Action(s): - Adopt amendment 0499H to HB343; vote: 16 yes, 0 no; outcome: approved. - Ought to pass as amended (HB343); vote: 16 yes, 0 no; outcome: approved; placed on consent.

Other committee actions

Several additional bills were retained for rework or recess, including HB102 (retained after a roll call showing 13‑0 in favor of retention), HB194 (retained 9‑7), HB330 (retained 16‑0) and additional items that were recessed to allow sponsors or staff to provide corrected amendments or additional drafting. The committee also recessed consideration of a body‑worn camera retention amendment (HB146) until a corrected document could be provided Friday.

Roll‑call evidence and next steps

Committee roll calls and the clerk's recorded votes appear in the transcript for each motion. Several measures that passed out of committee were placed on the consent calendar; others were retained for redrafting and will return to committee once sponsors or stakeholders supply revised language or clarifying materials.

Selected direct quotes from the session (verbatim from the committee transcript)

"Adults shouldn't be taking other people's children without their written permission for surgical procedures, any surgical procedure at all." — Chairman Roy, chair, introducing amendment 0756H to HB191.

"It took me hours to... I had to wait in line. It took hours, and, I'm not a parent with the young children or who works during the day and is trying to balance work and childcare. And I think that this could present a significant barrier that's also going to disproportionately impact low income families." — Representative Murray, describing difficulty locating notaries during testimony on HB191.

"There are a number of search warrant exceptions. And by the way this is written, don't function as exceptions, by statute. So what we're doing is amending constitutional, federal constitutional, and state constitutional law to only validate 2 search warrant exceptions rather than any other search warrant exceptions." — Representative Cher, on SB206 drafting concerns.

Ending

The committee completed a multi‑hour executive session with a mix of bipartisan unanimous votes on several technical amendments and closer, 9‑7 party‑line votes on more contentious measures. Bills retained for revision and a handful of items placed on consent will be scheduled for the next available floor calendaring or returned to committee as sponsors submit corrected language or additional stakeholder information.