Revision: Jan. 21, 2010, midnight
CHAPTER 280
HB 1335 – FINAL VERSION
07Mar2006… 0880h
04/20/06 1947s
24May2006… 2361eba
2006 SESSION
09/10
HOUSE BILL 1335
AN ACT relative to the authority of law enforcement officers during a state of emergency.
SPONSORS: Rep. Bicknell, Rock 1; Rep. Kennedy, Merr 4; Rep. Cataldo, Straf 3
COMMITTEE: Criminal Justice and Public Safety
This bill clarifies the authority of law enforcement officers to make arrests and exercise police powers anywhere in the state during a state of emergency.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 0880h
04/20/06 1947s
24May2006… 2361eba
06-2305
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the authority of law enforcement officers during a state of emergency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
280:1 New Section; Emergency Declared by Governor; Authority of Law Enforcement Officers. Amend RSA 106-I by inserting after section 1 the following new section:
106-I:2 Emergency Declared by Governor; Authority of Officers.
I. For the duration of any state of emergency declared by the governor because of a natural disaster, riot, or act of terrorism, notwithstanding any law to the contrary:
(a) The governor, the commissioner of safety, or the commissioner’s designee, may request assistance from a duly trained and certified state, county, or local law enforcement officer from New Hampshire or from any other state, county, or local law enforcement agency;
(b) A uniformed law enforcement officer who responds to the request for assistance shall have the authority to make arrests and shall have full police powers, under the supervision, direction, and control of New Hampshire state, county, or local law enforcement officers; and
(c) The authority of a law enforcement officer who responds to the request for assistance shall continue until terminated by New Hampshire law enforcement authorities or by law enforcement authorities in the jurisdiction of the responding officer.
II. A law enforcement officer who responds to the request for assistance, and who is acting under the supervision, direction, and control of New Hampshire law enforcement authorities, shall have the same privileges and immunities as an officer in the jurisdiction of the state of emergency.
280:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 15, 2006
Effective: August 14, 2006