Bill Text - HB1452 (2012)

Prohibiting the establishment of sobriety checkpoints.


Revision: Dec. 14, 2011, midnight

HB 1452 – AS INTRODUCED

2012 SESSION

12-2294

03/10

HOUSE BILL 1452

AN ACT prohibiting the establishment of sobriety checkpoints.

SPONSORS: Rep. Malone, Belk 5; Rep. Lambert, Hills 27; Rep. Cohn, Merr 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill prohibits the establishment of sobriety checkpoints.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2294

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT prohibiting the establishment of sobriety checkpoints.

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

1 Sobriety Checkpoints. Amend RSA 265:1-a to read as follows:

265:1-a Sobriety Checkpoints. Notwithstanding any provision of law to the contrary, no law enforcement officer or agency shall establish or conduct sobriety checkpoints for the purposes of enforcing the criminal laws of this state[, unless such law enforcement officer or agency petitions the superior court and the court issues an order authorizing the sobriety checkpoint after determining that the sobriety checkpoint is warranted and the proposed method of stopping vehicles satisfies constitutional guarantees].

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