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SB 409 · 2026 · Senate · Judiciary Committee

Disobeying an officer penalties and liability

AI-generated

(Second New Title) relative to the penalties for the offense of disobeying an officer and relative to liability of governmental units.

Amends penalties for disobeying an officer, modifies the standards and amounts for which a governmental unit may be liable for negligence, establishes due process protections for students and faculty in disciplinary proceedings at publicly funded colleges and universities, and requires political subdivisions to indemnify employees for negligent conduct absent wanton or reckless behavior.AI-generated

Status

Died — the House and Senate did not agree · May 21, 2026
  1. ✓Introduced
  2. ✕Senate
  3. House
  4. Governor
  5. Law

Analysis

This bill: I. Amends the penalties for the offense of disobeying an officer. II. Modifies the standards and amounts for which a governmental unit may be held liable for negligence resulting in personal injury or property damage. III. Establishes for students, student organizations, and faculty members of publicly funded New Hampshire colleges and universities the right to certain due process protections when disciplinary proceedings are brought against them by such institutions, and addresses the provisions' applicability to collective bargaining agreements. IV. Requires political subdivisions to indemnify employees absent wanton on reckless conduct for negligent conduct resulting in personal injury or property damage, if the action was within the scope of the employment.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as amended by the House. Passages chosen from the operative text.Computed by this site

““Faculty member” means a full or part-time member of the faculty of a New Hampshire public institution of higher education, but does not include a faculty member who is in probationary status.”
RSA 188-K:2
“In all disciplinary proceedings, as defined by RSA 188-K:2, I, against a student, student organization, or faculty member, the student, student organization, or faculty member shall be entitled to a hearing under published procedures that include, at a minimum, all of the following:”
RSA 188-K:3
“After the expiration of said collective bargaining agreement, the provisions of this chapter shall apply to any new disciplinary proceedings commenced against faculty members represented by the union.”
RSA 188-K:5
“Provided, however, that the liability of any governmental unit with respect to its sidewalks, streets, and highways shall be limited as provided in RSA 231 and the liability of any governmental unit with respect to publicly owned airport runways and taxiways shall be limited as set forth in RSA 422.”
RSA 507-B:2

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Sen. Bill GannonRPrimeChair· Judiciary
  • Sen. Daniel InnisRChair, Majority Policy Conference
  • Sen. Timothy LangRMajority Whip
  • Sen. Mark McConkeyRChair· Capital Budget
  • Sen. Sharon CarsonRPresident of the Senate
  • Sen. Howard PearlRChair· Executive Departments and Administration
  • Rep. Kenneth WeylerRChair· Finance
  • Rep. Kimberly RiceRVice Chair· Children and Family Law
  • Rep. JD BernardyRClerk· Science, Technology and Energy
  • Rep. Jennifer RhodesRVice Chair· Criminal Justice and Public Safety

Also: Rep. Lilli WalshR

Public testimony

97 signed in online · 9 wrote testimony

9% support91% oppose0% neutral

In their wordsVerbatim, exactly as submitted

“This bill will improve safety for our law enforcement professionals.”
— Russell Hodgkins, Amherstsupports
“Class B felony is too extreme a punishment for the action of disobeying an officer.”
— Cory Stone, DOVERopposes
“Most communications from officers on-site are NOT LAWFUL ORDERS. It is well-documented, these are officers preferences for his convenience. Creating felons out of citizens lawfully standing exercising civil rights and law is insane.”
— Daniel Richardson, Nashuaopposes
“I’m opposed to increasing penalties for disobeying an officer”
— Kathy Torrey, Alsteadopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Jan 29, 2026SenateCommittee report: Ought to Pass3–0
    Overall
    100% yea
  • Jan 29, 2026SenateVoice voteOught to Passadopted
  • Apr 24, 2026HouseCommittee report· regular calendar: Ought to Pass with Amendment # 2026-1389h13–0
    Overall
    100% yea
  • May 14, 2026HouseVoice voteAmendment 2026-1773hadopted
  • May 14, 2026HouseDivisionAmendment 2026-1964hAdopted190–164
    Overall
    54% yea
  • May 14, 2026HouseVoice voteAmendment 2026-1389hadopted
  • May 14, 2026HouseVoice voteAmendment 2026-1961hadopted
  • May 14, 2026HouseRoll callFloor amendment 2026-1970h (Rep. D. Kelley)Failed172–184How they voted
    Overall
    48% yea
    Party-line vote
    Republicans
    17–1799% yea
    Democrats
    155–597% yea
  • May 14, 2026HouseDivisionOught to Pass with Amendment 2026-1773h 2026-1964h 2026-1389h and 2026-1961hAdopted181–175
    Overall
    51% yea
    Resulting text: Bill as amended by the House
  • May 21, 2026SenateVoice voteSen. Gannon Moved Nonconcur with the House Amendmentadopted

Hearings and debates

  • Jan 13, 2026Public hearingSenate Judiciary6:54–8:151m 21slocated in the stream transcriptHearing
  • Jan 29, 2026Floor debateSenate floorWatchnot located in the transcript — opens the full streamCommittee Report: Ought to Pass; Ought to Pass — adopted, voice vote
  • Mar 18, 2026Public hearingHouse Criminal Justice and Public Safety5:31–7:131m 42slocated in the stream transcriptPublic Hearing
  • Apr 3, 2026Public hearingHouse Criminal Justice and Public SafetyWatchnot located in the transcript — opens the full stream==CANCELLED== Executive Session
  • Apr 24, 2026Public hearingHouse Criminal Justice and Public Safety3:12–4:511m 39slocated in the stream transcriptCommittee Report: Ought to Pass with Amendment # 2026-1389h — roll call; Executive Session
  • May 14, 2026Floor debateHouse floor50:17–51:251m 8slocated in the stream transcriptOught to Pass with Amendment 2026-1773h 2026-1964h 2026-1389h and 2026-1961h — adopted, division 181-175; Amendment # 2026-1773h — adopted, voice vote; Amendment # 2026-1964h — adopted, division 190-164
  • May 21, 2026Floor debateSenate floor1:10:11–1:11:0655slocated in the stream transcriptSen. Gannon Moved Nonconcur with the House Amendment — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026SenIntroduced 01/07/2026 and Referred to Judiciary; SJ 1
  2. Jan 13, 2026SenHearing: 01/13/2026, Room 100, SH, 01:00 pm; SC 48
  3. Jan 29, 2026Sen: Ought to Pass, 01/29/2026; Vote 3-0; CC; SC 3
  4. Jan 29, 2026SenOught to Pass: MA, VV; OT3rdg; 01/29/2026; SJ 2
  5. Feb 19, 2026HouseIntroduced (in recess of) 02/19/2026 and referred to Criminal Justice and Public Safety HJ 5 P. 124
  6. Mar 18, 2026HousePublic Hearing: 03/18/2026 10:00 am GP 159
  7. Apr 3, 2026House==CANCELLED== Executive Session: 04/03/2026 10:00 am GP 159
  8. Apr 24, 2026HouseExecutive Session: 04/24/2026 10:00 am GP 159
  9. Apr 24, 2026House: Ought to Pass with Amendment # 2026-1389h 04/24/2026 (Vote 13-0; RC) HC 19 P. 18
  10. May 14, 2026HouseAmendment # 2026-1773h: AA VV 05/14/2026 HJ 13 P. 29
  11. May 14, 2026HouseAmendment # 2026-1964h: AA DV 190-164 05/14/2026 HJ 13 P. 29
  12. May 14, 2026HouseAmendment # 2026-1389h: AA VV 05/14/2026 HJ 13 P. 31
  13. May 14, 2026HouseAmendment # 2026-1961h: AA VV 05/14/2026 HJ 13 P. 31
  14. May 14, 2026HouseFLAM # 2026-1970h (Rep. D. Kelley): AF RC 172-184 05/14/2026 HJ 13 P. 33
  15. May 14, 2026HouseOught to Pass with Amendment 2026-1773h 2026-1964h 2026-1389h and 2026-1961h: MA DV 181-175 05/14/2026 HJ 13 P. 36
  16. May 21, 2026SenSen. Gannon Moved Nonconcur with the House Amendment, MA, VV; 05/21/2026; SJ 13

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.