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Committee adopts amendment removing 'reckless' language from assault-on-first-responder bill; bill passes 9-7
Summary
A New Hampshire House committee adopted an amendment that removes the word "recklessly" from a bill criminalizing assault on firefighters and emergency medical care providers, then voted 9-7 to pass the bill as amended during an executive session.
A New Hampshire House committee adopted an amendment and then voted 9-7 to pass House Bill 59 as amended during an executive session, changing the bill that addresses assaults on firefighters and emergency medical care providers.
The amendment removes the word "recklessly" from the bill’s language. Committee members said the change was made after discussions with mental health stakeholders to avoid criminalizing actions by people who may lack full responsibility because of a mental-health condition.
Representative Proulx introduced the amendment, saying, "Good morning. I introduce amendments." Chairman Roy, who led committee discussion, described the change as responsive to mental-health concerns: "We spoke to [the] mental health community. And as a result, we amended this to take the word recklessly out of it so that someone couldn't necessarily be charged for an action that they might not be responsible for due to a mental health situation." A separate committee member added during debate, "We heard during testimony... I don't believe that anybody is intentionally putting anybody's... mental health at stake here."
After brief discussion the committee called the roll. The recorded roll call on the amendment showed nine voting yes and seven voting no; the chair announced, "9 7. The amendment is adopted." The committee then voted 9-7 to pass the bill as amended; the chair announced, "9 7. The motion is adopted."
Votes at a glance - Amendment adoption: 9 yes, 7 no. The chair announced "9 7. The amendment is adopted." - Final passage (as amended): 9 yes, 7 no. The chair announced "9 7. The motion is adopted."
What the amendment does and why it matters The amendment removes the word "recklessly" from the statutory wording proposed by the original bill. Committee members said the change narrows the bill to avoid potential criminal liability for conduct that might stem from a mental-health condition rather than intentional misconduct; the committee record cites consultation with mental-health advocates as the reason for the change.
Next steps Committee leadership asked members for required reports before leaving the session; with passage the bill will proceed in the legislative process as the committee ordered.
