HB 1470 – AS AMENDED BY THE HOUSE
05Mar2008… 0445h
2008 SESSION
09/04
HOUSE BILL 1470
AN ACT relative to vehicular pursuits by police officers.
SPONSORS: Rep. Bouchard, Merr 11; Rep. Shurtleff, Merr 10; Rep. Pantelakos, Rock 16; Rep. Tholl, Coos 2; Rep. R. Williams, Merr 11
COMMITTEE: Criminal Justice and Public Safety
This bill establishes certain procedures and requirements for vehicular pursuits by police 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0445h
08-2418
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to vehicular pursuits by police officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Vehicular Pursuits by Police Officers. RSA 265:8-a is repealed and reenacted to read as follows:
265:8-a Vehicular Pursuits by Police Officers.
I. In this section:
(a) “High speed pursuit” means a vehicular pursuit at sustained speeds in excess of 20 miles per hour over the speed limit for a distance of one mile or more.
(b) “Vehicular pursuit” means an active attempt by a law enforcement officer in an authorized emergency vehicle to apprehend a fleeing suspect in a running motor vehicle who is actively attempting to elude the police or has failed to stop.
II. In any criminal action in which a high speed pursuit occurs, the following minimum requirements of the high speed pursuit shall apply and shall be complied with by the participating police officers:
(a) The decision to initiate pursuit shall be based on the pursuing officer’s conclusion that the immediate danger to the officer and the public is less than the immediate or potential danger to the public should the suspect remain at large, taking into consideration at a minimum the seriousness of the offense and the traffic, road, and weather conditions at the time.
(b) An officer in an authorized emergency vehicle may initiate a vehicular pursuit when the suspect exhibits the intention to avoid apprehension by refusing to stop when directed to do so. Pursuit is also justified if the officer reasonably believes the suspect, if allowed to flee, would present a danger to human life or cause serious injury to persons or property, or would continue to operate in a manner that recklessly endangers the lives and safety of others.
(c) Upon initiation of the pursuit, the pursuing officer shall:
(1) Communicate as soon as possible by radio his or her location and direction of travel and the initial justification for a stop.
(2) Communicate the ongoing status of the pursuit at regular intervals and any significant change in circumstances.
(3) Activate and continue to use audible and visual warning devices.
(4) Continually re-evaluate and assess the situation and terminate the pursuit when in his or her judgment the risks associated with continued high speed pursuit are greater than the public safety benefit of making an immediate apprehension. The pursuit may be terminated by the primary pursuit unit at any time.
(d) If a supervisor is on duty and available, the supervisor shall monitor the pursuit, consider the real and potential dangers of continuation of the pursuit, and terminate the pursuit if in his or her judgment the risks associated with continued high speed pursuit are greater than the public safety benefit of making an immediate apprehension.
(e) Whenever there exists the probability of a high speed pursuit extending into another jurisdiction, the dispatcher or, if no dispatcher, the supervising officer in charge shall attempt to make radio notification to the other jurisdiction and the potential for the pursuit to enter their jurisdiction. If the pursuit enters a jurisdiction different from the jurisdiction from which it began, the entered jurisdiction shall have the authority consistent with its policies to order the termination of the high speed pursuit. For purposes of this section, the state police and sheriffs’ departments are considered to have statewide jurisdiction.
(f) Whenever a high speed pursuit occurs, the department initiating the pursuit, and any department participating in the pursuit, and the supervising officer if applicable shall require its officers to submit a written report detailing the circumstances to be critiqued by the appropriate supervisors to determine if policy and this section have been complied with and to detect and correct any training deficiencies.
III. Each state, county, or local law enforcement agency that conducts emergency response and vehicular pursuit shall adopt a written policy that sets forth the manner in which these operations are to be conducted. The policy on pursuits shall be consistent with the minimum requirements under paragraph II of this section and the policy on emergency response shall be in substantial conformity with state or national accreditation standards as adopted by the police standards and training council or the national commission on accreditation for law enforcement agencies and the agency shall submit copies of such policy and any amendments to them to the police standards and training council to be kept on file and subject to inspection by the department of justice.
IV. Nothing in this section shall be construed by a court to create any additional civil liability upon individuals who engage in high speed pursuits or their employers.
2 Effective Date: This act shall take effect 60 days after its passage.