While making progress on a major initiative to revamp statutes covering divorce and child custody disputes, the legislature appeared headed toward another standoff on medical malpractice change.

HB 640, now being considered by the Senate, is a major overhaul of the state's divorce statute, separating all matters regarding the custody of children into a new chapter, changing the terminology of "custody" and introducing the concept of detailed "parenting plans" instead of custody "awards." The legislation is based on two years of work by the Family Law Task Force, chaired by Nina Gardner.  Another entity, the Commission on Child Support, also was renewed, and the House approved an appropriation for an economic evaluation of the Child Support Guidelines.

On the medical-malpractice front, the House and Senate appeared headed down the same path that led nowhere in the last session. Both chambers have approved differing bills to create screening processes to discourage non-meritorious cases from being tried; the House version would prevent the screener's report from being admissible at a subsequent trial, while the Senate has approved a bill that would establish three-member screening panels whose reports would be admissible.

Meanwhile, for the first time in several years, initiatives to rein in the judiciary did not progress at the legislative session's crossover point where bills are approved and sent over to the other legislative chamber. (See related article).

Both chambers have each passed a variety of measures that affect privacy issues, the handling of DWI offenses, and a proposed remedy to the troublesome Kidder decision that restricts attorneys' contact with victims protected by domestic violence restraining orders.

The following is a selected list and brief description of bills passed by the House or the Senate.

House Bills

HB 46 First-time DWI offenders' convictions shall be reduced to a violation upon motion by either party at least one year after the completion of requirements, and provided that no other arrests for alcohol have occurred;

HB 125 Requiring drivers convicted of driving while licenses are suspended or revoked due to DWI offenses to drive only vehicles equipped with ignition interlock devices.

HB 147 Raises the minimum age for defendants in capital murder cases from 17 to 18.

HB 267 Allows court-appointed criminal defense attorney to request funding for investigative or expert services in the case via an ex parte order without notification of prosecutor. The compensation shall not exceed $300 except in extraordinary circumstances.

HB 329 Crime victim employment leave act requires employers to allow leave for victims of certain crimes to leave work for court appearances, other proceedings, or for counseling sessions necessitated by the crime.

HB 332 Amends RSA 644:4 to clarify elements of the crime of harassment by telephone.

HB 439 Revises provisions for registration of criminal offenders to include those found not guilty by reason of insanity.

HB 450 Extends existence of Child Support Commission and provides for an economic analysis of the Child Support Guidelines.

HB 468 allows contact between the "agent" of a defendant subject to a protective order and the plaintiff.

HB 542 Technical corrections to the Uniform Trust Code regarding "power of withdrawal," duties of notification of qualified beneficiaries, terminations or modifications of trusts, limitations on alimony amounts, creditor's claims, mandatory distributions, settlor's powers, powers of trustees, and other changes.

HB 567 Removes provision for parties' consent to mediation in family law cases involving children.

HB 584 Statements expressing "sympathy or compassion relating to the pain, suffering or death" of an individual are inadmissible in medical injury action.

HB 585 Parental rights may be terminated based on conviction for felony assault on a child's sibling or to child's other parent.

HB 603 Appropriation for the state's purchase from the city of the Laconia District Court building. The building would be renovated for continued use as a courthouse.

HB 617 Creating a study committee to consider future role of court reporters in court system.

HB 640 At request of Family Law Task Force, separate RSA is created "governing parental rights and responsibilities" (RSA 461-A) and replacing "custody" with "parental rights and responsibilities," requires parents to file "parenting plans" and provides criteria for "best interest of a child." This bill is 23 pages long.

HB 696 Increased penalties for certain crimes against elderly or disabled people.

HB 702 Creates a screening process to be conducted by a superior court judge to review medical malpractice claims to determine if claim is "legitimate." Screening decision not admissible at a trial.

Senate Bills

SB 37 Changes requirements regarding disclosure of expert testimony in criminal cases.

SB 54 Clarifies role of guardians ad litem in guardianship proceedings.

SB 60 Regarding procedures for transfers under Uniform Transfers to Minors Act.

SB 75 Extends statute of limitations for filing of civil action in a sexual assault case if the victim was under the age of 18 when assaults occurred.

SB 76 Permits extension of domestic violence restraining order for a 5-year period.

SB 146 Creates a civil legal services fund, financed by a surcharge on court filing fees, to establish a Nashua area office for NH Legal Assistance, and for other NHLA staffing.

SB 214 Creates process for screening medical injury claims using three-member panels consisting of a retired judge, a lawyer, and a physician, to determine whether claims are meritorious. Panel's findings are admissible in future proceedings. The bill also calls for a committee to study medical malpractice insurance rates in NH.

Judicial, Bar Legislation Out of Spotlight

For the first time in several years, there was little or no discussion in the legislature of an amendment to curb the powers of the Supreme Court. One proposed constitutional amendment, CACR 16, that would have limited the ability of the Supreme Court to review the acts of the legislature, did not emerge from the House Judiciary Committee, which ruled it "inexpedient to legislate."

Other measures regarding judicial conduct, or judicial terms, also did not advance.

HB 541, which seeks to "repeal the incorporation" of the New Hampshire Bar Association, was "retained" for further study by the House Judiciary Committee. The NH Bar Association opposed the bill.

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