Bill Text - HB110 (2011)

Requiring professional safety and security services personnel to report certain criminal offenses.


Revision: Oct. 6, 2011, midnight

HB 110 – AS AMENDED BY THE HOUSE

15 Feb 2011… 0133h

2011 SESSION

11-0063

04/05

HOUSE BILL 110

AN ACT requiring professional safety and security services personnel to report certain criminal offenses.

SPONSORS: Rep. Ladd, Graf 5; Rep. Emerson, Ches 7; Rep. Shurtleff, Merr 10

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill requires security guards and security guard services furnished by a college or university operating in the state of New Hampshire to report felonies to law enforcement officials. The bill exempts security guards or security guard services furnished by a college or university operating in New Hampshire from the licensing requirements of RSA 106-F.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15 Feb 2011… 0133h

11-0063

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT requiring professional safety and security services personnel to report certain criminal offenses.

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

1 Detective Agencies and Security Services; Exceptions. Amend RSA 106-F:2, IV to read as follows:

IV. Any unarmed security employee who is a direct employee of a business which is not a security guard agency and who is employed by that business to secure its premises while so employed, including but not limited to store [detective] detectives and watchmen. This exclusion shall not apply to any security guard or security guard service furnished by a college or university operating in the state of New Hampshire.

2 Detective Agencies and Security Services; Definitions. Amend RSA 106-F:4, XIV to read as follows:

XIV. “Security guard service” or “security guard agency” means any business entity, except as provided in RSA 106-F:2, that furnishes or employs security guards or other persons for the protection of individuals or their property from injury or theft and includes, but is not limited to, services providing for the safe transport of money or valuable documents and security patrols of homes, businesses, colleges, universities, or other postsecondary educational institutions, or industrial plants. Such service may use the terms “security,” “safety,” “control” or like terms leading the public to look to the individual as a person of authority. A person engaged in so-called “executive protection” or providing body guard services shall be classified as a security guard.

3 Detective Agencies and Security Services; License Required. Amend RSA 106-F:5, I to read as follows:

I. No person shall engage in the business of a private investigative agency, security guard agency, or bail enforcement agency without obtaining a private investigative, security guard, or bail enforcement agency license from the commissioner of safety and no person shall engage in the business of a security guard service or bail enforcement service without obtaining a security guard service or bail enforcement service license from the commissioner of safety. The license requirement set forth in this paragraph shall not apply to security guards or security guard services furnished by a college or university operating in the state of New Hampshire.

4 Detective Agencies and Security Services; Obligation to Report Certain Criminal Violations. Amend RSA 106-F:13-a, I to read as follows:

I. All felonies observed or revealed by or to persons licensed under this chapter, or to any security guard or security guard service furnished by a college or university operating in the state of New Hampshire, shall be immediately reported to the New Hampshire state police, the closest law enforcement agency having jurisdiction, or the attorney general’s office, unless the victim:

(a) Is 18 years of age or older;

(b) Has been the victim of a sexual assault offense or abuse as defined in RSA 173-B:1; and

(c) Objects to the release of any information to the local law enforcement agency.

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

LBAO

11-0063 Amended 09/15/11

HB 110 FISCAL NOTE

AN ACT requiring professional safety and security services personnel to report certain criminal offenses.

FISCAL IMPACT:

      The Department of Justice and the University System of New Hampshire state this bill, as amended by the House (Amendment #2011-0133h), may increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on state, county, and local revenue, and county and local expenditures.

METHODOLOGY:

    The Department of Justice and the University System of New Hampshire state this bill would require members of detective agencies or security services, including those security services at colleges and universities, to report all felonies observed or revealed to them to one of the following: the New Hampshire State Police, the closest law enforcement agency, or the Attorney General’s office. Both the Department and the System assume compliance with this requirement will increase costs, however neither can estimate the number of incidents that would result in action on their respective parts.

    The Department of Safety, the Community College System of New Hampshire, and the New Hampshire Municipal Association state any actions taken as a result of this bill can be absorbed within existing resources, so this bill should have no fiscal impact.

None