Bill Text - HB1184 (2012)

(New Title) relative to the use of video evidence to support an arrest for willful concealment of merchandise.


Revision: Feb. 16, 2012, midnight

HB 1184 – AS AMENDED BY THE HOUSE

15Feb2012… 0552h

2012 SESSION

12-2523

04/09

HOUSE BILL 1184

AN ACT relative to the use of video evidence to support an arrest for willful concealment of merchandise.

SPONSORS: Rep. D. McGuire, Merr 8

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill permits a peace officer to arrest a person who has been detained by a merchant for willful concealment of merchandise without a warrant if the merchant witnesses the offense or recovers the unlawfully obtained goods or merchandise from the person.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2012… 0552h

12-2523

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the use of video evidence to support an arrest for willful concealment of merchandise.

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

1 New Paragraph; Use of Force by Merchants. Amend RSA 627:8-a by inserting after paragraph II the following new paragraph:

III. A peace officer to whom a merchant or his or her agent has surrendered a person the merchant has lawfully detained for willful concealment of goods or merchandise as defined in RSA¬†637:3-a, notwithstanding RSA 594:10, shall have probable cause to accept custody of and arrest the person without a warrant upon the statement of the merchant or the merchant’s agent or employee that he or she witnessed the offense, or if unlawfully obtained goods or merchandise of the store were recovered from the person.

2 Effective Date. This act shall take effect July 1, 2012.

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