Revision: Dec. 14, 2011, midnight
HB 1367 – AS INTRODUCED
2012 SESSION
05/03
HOUSE BILL 1367
AN ACT relative to the issuance of administrative inspection warrants.
SPONSORS: Rep. Manuse, Rock 5; Rep. L. Jones, Straf 1; Rep. Bowers, Sull 3; Rep. Lambert, Hills 27; Rep. Itse, Rock 9; Rep. Kurk, Hills 7; Rep. Ingbretson, Graf 5; Rep. Warden, Hills 7; Rep. D. McGuire, Merr 8
COMMITTEE: Municipal and County Government
This bill provides that the refusal of the property owner or occupant to consent to a search of the property shall not be deemed to be a sufficient showing of probable cause for purposes of issuing an administrative inspection warrant.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2267
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the issuance of administrative inspection warrants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. This law clarifies the intent of Part 1, Article 19 of the New Hampshire Constitution by prohibiting a judge from issuing an administrative warrant solely based on the fact that the property owner has not given consent to a search of his or her property.
2 Administrative Inspection Warrants; Requirements for Issue; Probable Cause. Amend RSA 595-B:2, II to read as follows:
II. Probable cause, as required by paragraph I, shall be deemed to exist if either legislative or administrative standards for conducting a routine or area inspection, testing, or sampling are satisfied with respect to the particular place, dwelling, structure, premises, vehicle, or records, or there is probable cause to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, vehicle, or records; provided, however, that a property owner’s or occupant’s refusal to consent to the entry of an official or employee of a state agency, municipality, or other political subdivision, or their agent, without additional facts justifying the inspection, shall not be deemed to be a sufficient showing of probable cause.
3 Effective Date. This act shall take effect upon its passage.