Bill Text - HB1134 (2010)

Authorizing federal law enforcement officers to use deadly and non-deadly force when assisting state law enforcement officials.


Revision: Dec. 10, 2009, midnight

HB 1134 – AS INTRODUCED

2010 SESSION

10-2058

04/09

HOUSE BILL 1134

AN ACT authorizing federal law enforcement officers to use deadly and non-deadly force when assisting state law enforcement officials.

SPONSORS: Rep. Shurtleff, Merr 10

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill specifies the circumstances under which a federal officer or special agent may use deadly or non-deadly force in assisting a New Hampshire law enforcement officer.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2058

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT authorizing federal law enforcement officers to use deadly and non-deadly force when assisting state law enforcement officials.

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

1 New Paragraph; Physical Force in Law Enforcement. Amend RSA 627:5 by inserting after paragraph VIII the following new paragraph:

IX. A federal law enforcement officer or special agent who has been requested or directed by a New Hampshire law enforcement officer to assist in effecting an arrest, or whose assistance is requested under mutual aid, is authorized to take emergency law enforcement action, including making an arrest or preventing an escape from custody and such officer or special agent is justified in using:

(a) Non-deadly force when, and to the extent, that he or she reasonably believes it is necessary to carry out the direction of the New Hampshire law enforcement officer, unless the federal officer or special agent believes the arrest is illegal; or

(b) Deadly force only when he or she reasonably believes it is necessary to defend himself, herself, or a third person from what he or she reasonably believes to be the imminent use of deadly force, or when the New Hampshire law enforcement officer directs the federal officer or special agent to use deadly force and the federal officer or special agent believes the New Hampshire law enforcement officer is authorized to use deadly force under the circumstances.

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

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