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Panel approves bill extending felony protections to emergency-room staff after debate over mental‑health exception
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Summary
Representative Rhodes moved that House Bill 667 'ought to pass' to extend protections for EMS and medical staff into emergency rooms; debate focused on an amendment to exempt people with a formal mental‑health diagnosis, but the bill passed 10-3. Members urged consultation with prosecutors and stakeholders.
Representative Rhodes moved that House Bill 667 "ought to pass," saying the measure extends protections passed last year for EMS personnel into emergency rooms where assaults on staff were not previously captured.
Representative Prue recounted witnessing a nurse being cornered and said the law would help prosecutors and serve as a deterrent: "So I think this will help with the prosecution of it, and eventually the word will get out." Representative Juris and another member described instances of workplace violence and administrative burdens that follow assaults on staff.
Representative Sher offered an amendment to exempt from the statute people who are "experiencing a mental health crisis who has a mental health diagnosis," including those with dementia or intellectual and developmental disabilities, and said Disability Rights Center and NAMI New Hampshire support that language. Sher asked the committee to pause the vote so the amended amendment could be prepared or to consider the change as a floor amendment.
The chair said he understood those concerns but emphasized existing judicial safeguards — "We have the ability to plead not guilty by reason of insanity. We have the ability to say that you can't be charged because you are not fit to stand trial" — and urged that county attorneys be consulted before any amendment is adopted.
On the other side, Representative Sher warned that, as written by law and under current bail rules, someone with a dementia diagnosis could be arrested on a class A or B felony and remain jailed for months before seeing a judge: "They would sit in jail on a class a or class b felony for up to 6 months to a year until they got to see the judge...and that's offensive to me." Representative Paquette, a dementia specialist, said in practice families and caregivers do not call police when a person with dementia acts out.
After debate and a request for further input, the clerk called the roll. The motion that HB 667 'ought to pass' carried 10-3. Recorded 'no' votes were Representative Nancy Murphy, Representative Sue Newman and Representative Scherer. The chair said he would write the majority report and requested any additional suggested language be provided by Monday.
What it means: The committee advanced HB 667 to the next stage with recorded opposition from members concerned about protecting people with diagnosed mental-health conditions. Sponsors and staff are expected to coordinate with prosecutors and disability stakeholders on any further amendments.
Next steps: Committee sponsors will prepare the majority report and may bring or consider floor amendments before the bill reaches the full chamber.
