Committee backs bill to extend confidentiality protections to National Guard sexual‑assault response staff

The committee voted to recommend HB 1172 after testimony from Department of Military Affairs and Veteran Services officials and SAPR staff about a legal gap in state law that left military advocates uncertified state protections.

Maj. Gen. David Michalaitis told the panel the omission meant military‑certified SAPR coordinators lacked the formal New Hampshire statutory privilege available to civilian crisis‑center advocates. "Unbeknownst to us, there was something we weren't aware of where our...people who provide victim care weren't included with the confidentiality of other state certified officials," Michalaitis said.

Emily (Emery) Kroll, the National Guard’s SAPR coordinator, noted that while the military system recognizes confidentiality, the lack of a state statute created legal uncertainty for survivors who might need to disclose matters to receive care. Major Ryan Allis, the Guard’s associate general counsel, told the committee the bill would give SAPR personnel protections similar to crisis‑center counselors and that courts still retain the established mechanism to review whether privilege may be pierced in the interest of justice.

The committee recommended OTP (ought to pass) by roll call (14–0). Members described the measure as housekeeping that aligns state law with existing military practice to protect victim‑care communications.

What’s next: The bill will be reported to the floor with a favorable committee recommendation. The department emphasized coordination with civilian crisis centers so referral paths remain intact.

Who spoke: Maj. Gen. David Michalaitis; Emily Kroll, SAPR coordinator; Major Ryan Allis, associate general counsel.