Committee recesses bill after law-enforcement witness warns HB 1185 would conflict with recent changes to child-endangerment law

The Children and Family Law Committee recessed consideration of House Bill 1185 on a unanimous voice vote after testimony that the bill would conflict with recent statute changes and House-passed legislation.

Elizabeth (Beth) Sargent, testifying for the New Hampshire Association of Chiefs of Police, said the text of RSA 6:39:3 (paragraph 3), which took effect Jan. 1, 2026, and House Bill 257 (passed in the House and now in the Senate) materially overlap with HB 1185 and could leave the statutes in contradiction. "I appreciate the intent of this bill," Sargent said, "New Hampshire has work to do when it comes to strengthening protections for children ... While this bill appears to be aimed at that goal, I believe it would have unintended consequences that may ultimately undermine it." (Sargent handed committee members copies of the relevant RSA sections.)

Why it matters: Sargent and others told the committee that HB 257 already amends the child-endangerment statute and that enacting HB 1185 as written could create conflicting mental-state standards and coverage. Several members pressed technical questions about wording (phrases such as "any person who owes a child a duty of care") and about whether the draft narrows liability only to persons who owe a duty of care (parents, babysitters, teachers, coaches) versus anyone whose conduct endangers a child.

What the committee heard: Members asked whether changes in HB 257 (which shifted some mental-state language) should be allowed to "play out" in the Senate before the committee moved forward. Representative Raymond and others suggested interim study or holding the bill pending the Senate outcome. Sargent said law enforcement supports HB 257 as amended and urged caution in drafting to avoid unintended narrowing or expansion of criminal liability.

Formal action: With the committee's agreement, the acting chair moved to recess consideration of HB 1185 until the sponsor was available; the motion was put to members by voice and recorded as unanimous. No vote count was read into the record.

Next steps: Committee members requested clean bill text and statutory citations to be re-circulated for further review. The committee placed HB 1185 on recess and signaled willingness to revisit the bill after members have had time to compare the bills and recent statutory amendments.

Ending: The hearing was recessed and the committee moved to other items on its agenda.