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Bill

SB 139

creating a private right of action in civil rights cases.

2026 Regular Session Introduced by Debra Altschiller and 2 co-sponsors

Creates a private right to sue for civil rights violations in New Hampshire, enabling individuals to seek damages and remedies in court.

Refer to Interim Study, MA, VV; 01/07/2026; SJ 1
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WeVote Research Nonpartisan
Bill Summary · SB 139

Summary of Bill: SB 139 (New Hampshire, 2026) – Creating a Private Right of Action in Civil Rights Cases

Purpose and intent

  • SB 139 proposes to create a private right of action in civil rights cases within New Hampshire.
  • The objective appears to be to allow individuals who believe their civil rights have been violated to sue for relief in a court of law, rather than relying solely on public enforcement or administrative remedies.

Key provisions and changes (as implied by title and typical structure)

  • Establishment of a private cause of action for civil rights violations. This likely covers discrimination or infringement of federally or state-recognized civil rights, potentially including areas such as race, religion, sex, national origin, disability, age, or other protected characteristics under state or federal law.
  • Definitions: The bill would define what constitutes a civil rights violation eligible for a private action (e.g., acts by governmental entities, private actors, or both), and may specify the scope of rights protected.
  • Statutory standards for claims: Elements a plaintiff must prove (e.g., unlawful act, causation, damages, intent or recklessness depending on the provision, and any proof standards).
  • Remedies: Potential damages (compensatory, punitive, or exemplary), injunctive relief, declaratory relief, attorney’s fees, and costs. The bill may specify caps or limitations and when punitive damages could be available.
  • Defenses and immunities: Possible statutory or sovereign/immunity defenses, including qualified immunity or governmental immunity, if applicable to state actors.
  • Procedure: Filing requirements, statute of limitations for civil rights claims, discovery rules, and deadlines for bringing a private action.
  • Pre-suit conditions: Possible prerequisites such as exhaustion of administrative remedies, notice requirements, or mediation/alternative dispute resolution steps.
  • Relationship to existing law: Interaction with federal civil rights statutes (e.g., 42 U.S.C. § 1983) and any state civil rights laws; possible alignment or conflict with existing remedies and enforcement mechanisms.

Who would be affected

  • Private individuals who allege civil rights violations by governmental entities, public officials, or possibly private actors acting under color of law.
  • Government agencies or departments may face new private lawsuits and related exposure to damages or injunctive relief.
  • Businesses and private organizations could be liable if their conduct violates civil rights protections covered by the statute.
  • Legal practitioners: changes in litigation strategy, pleading standards, damages recovery, and procedures.

Procedural and timeline aspects

  • Introduction and referral: Introduced January 9, 2025; referred to Judiciary, then to Committee.
  • Committee actions:
    • February 12, 2025 – Public hearing scheduled (Room 100, SH).
    • February 21, 2025 – Committee report: Referred to Committee with a vote of 5-0.
    • March 6, 2025 – Rereferred to Committee; subsequent committee vote 5-0.
    • November 3, 2025 – Committee report: Referred to Interim Study; vote 5-0.
    • January 7, 2026 – Refer to Interim Study (SJ 1).
  • Interim study status: As of the latest action, the bill is under interim study, indicating it may not advance to full floor debate in the current session pending further review, drafting, or potential amendments.
  • No explicit enactment date: Given interim study status, there is no final timeline for enactment or effective date until a follow-up vote or decision to move forward is taken.

Potential impact and considerations

  • If enacted, the bill would broaden avenues for civil rights enforcement by enabling private citizens to pursue damages and remedies in court.
  • Could increase litigation against public entities and private actors, potentially leading to higher court involvement in civil rights compliance.
  • May necessitate robust defense planning for public agencies and officials, and could influence policy changes to reduce civil rights violations.
  • The scope, limitations, and standards (damages, immunities, statutes of limitation, etc.) will critically determine the bill’s practical impact.

Note: The summary above reflects the information available from the bill’s action history and status notes. Details such as the exact language, defined protected classes, remedies, and specific procedural rules will be determined in the bill’s text and any amendments during the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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