HB1522 (2006) Detail

Relative to extended authority for law enforcement assistance.


HB 1522 – AS INTRODUCED

2006 SESSION

06-2644

08/09

HOUSE BILL 1522

AN ACT relative to extended authority for law enforcement assistance.

SPONSORS: Rep. Itse, Rock 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill permits law enforcement officers to assist other police agencies without the need for a written agreement between the departments’ chief law enforcement officers.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2644

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to extended authority for law enforcement assistance.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Extended Authority. RSA 48:11-a is repealed and reenacted to read as follows:

48:11-a Extended Authority.

I. The authority of any duly authorized law enforcement officer shall extend to any town or city in this state, provided that the officer was requested by a law enforcement officer from the law enforcement agency needing assistance or a dispatch facility authorized by the requesting law enforcement agency to make the request. This section shall not prevent a law enforcement officer from providing emergency assistance to another law enforcement agency.

II. A law enforcement officer who renders emergency assistance to another law enforcement agency without a prior request shall file a report in writing to the chief law enforcement officer of his or her agency detailing the incident and explaining why it was necessary to render the assistance without the request of the law enforcement agency needing assistance or its dispatch facility.

III. The chief law enforcement officer of a town or city may execute a written agreement with the chief law enforcement officer of any town or city in the state that refines, expands, or restricts the standards set forth in this section. Any such agreement shall remain in full force and effect until:

(a) The agreement is terminated by mutual consent of the chief law enforcement officers of each town or city, or

(b) Ten days after the chief law enforcement officer of one town or city has received notification of intent to terminate the agreement from the chief law enforcement officer of the other town or city.

IV. Self-initiated law enforcement activities in another law enforcement agency’s jurisdiction without request that are not a response to an emergency or the result of an agreement executed pursuant to paragraph III are prohibited.

2 Extended Authority. RSA 105:13 is repealed and reenacted to read as follows:

105:13 Extended Authority.

I. The authority of any duly authorized law enforcement officer shall extend to any town or city in this state, provided that the officer was requested by a law enforcement officer from the law enforcement agency needing assistance or a dispatch facility authorized by the requesting law enforcement agency to make the request. This section shall not prevent a law enforcement officer from providing emergency assistance to another law enforcement agency.

II. A law enforcement officer who renders emergency assistance to another law enforcement agency without a prior request shall file a report in writing to the chief law enforcement officer of his or her agency detailing the incident and explaining why it was necessary to render the assistance without the request of the law enforcement agency needing assistance or its dispatch facility.

III. The chief law enforcement officer of a town or city may execute a written agreement with the chief law enforcement officer of any town or city in the state that refines, expands, or restricts the standards set forth in this section. Any such agreement shall remain in full force and effect until:

(a) The agreement is terminated by mutual consent of the chief law enforcement officers of each town or city, or

(b) Ten days after the chief law enforcement officer of one town or city has received notification of intent to terminate the agreement from the chief law enforcement officer of the other town or city.

IV. Self-initiated law enforcement activities in another law enforcement agency’s jurisdiction without request that are not a response to an emergency or the result of an agreement executed pursuant to paragraph III are prohibited.

3 Effective Date. This act shall take effect 60 days after its passage.