Bill Text - HB281 (2011)

Relative to protective custody of intoxicated or incapacitated individuals under 18 years of age.


Revision: Jan. 24, 2011, midnight

HB 281 – AS INTRODUCED

2011 SESSION

11-0444

05/03

HOUSE BILL 281

AN ACT relative to protective custody of intoxicated or incapacitated individuals under 18 years of age.

SPONSORS: Rep. Dowling, Rock 5; Rep. Katsakiores, Rock 5

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides that if a peace officer takes an intoxicated minor into protective custody, and immediate medical treatment is not needed, the peace officer may hold the minor in a non-secure area at the police station until the arrival of the minor’s parent or guardian or make arrangements to house the minor at a child care agency.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0444

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to protective custody of intoxicated or incapacitated individuals under 18 years of age.

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

1 Alcoholism and Alcohol Abuse; Protective Custody of Intoxicated or Incapacitated Minor. Amend RSA 172-B:3, V to read as follows:

V. Notwithstanding any other provisions of law, whenever a person under 18 years of age who is judged by a peace officer to be intoxicated or incapacitated and who has not been charged with a crime is taken into protective custody, if [no needed treatment is available] medical treatment is not needed immediately, his or her parent or guardian shall be immediately notified and such person may be held in a non-secure area at a police station [or a local jail or a county correctional facility in a room or ward separate from any adult or any person charged with juvenile delinquency] until the arrival of his or her parent or guardian. If such person has no parent or guardian in the area, arrangements shall be made to house [him according to the provisions of RSA 169-D:17] the person at a child care agency licensed by the department of health and human services pursuant to RSA 170-E.

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

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