Bill Text - HB381 (2013)

Relative to citizen complaints against a police officer.


Revision: Jan. 17, 2013, midnight

HB 381 – AS INTRODUCED

2013 SESSION

13-0090

04/05

HOUSE BILL 381

AN ACT relative to citizen complaints against a police officer.

SPONSORS: Rep. Sapareto, Rock 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a procedure for reporting citizen complaints against a police officer and specifies additional penalties for a police officer found guilty of perjury or false swearing.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0090

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to citizen complaints against a police officer.

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

1 New Subdivision; Police Officers and Watchmen. Amend RSA 105 by inserting after section 18 the following new subdivision:

Citizen Complaints Against Police Officers

105:19 Citizen Complaints Against Police Officers.

I. Upon the filing of 2 or more citizen complaints against a police officer in a 12-month period, the police chief of the city or town which employs the officer shall notify either the governing body of the city or town or other entity responsible for hearing personnel matters involving police officers of the complaints, provided such entity is outside of the police department. Nothing in this section shall be construed to require any personnel matters involving police officers to become public information.

II. Notwithstanding RSA 91-A, all records of any official proceedings under this section shall be public records.

2 New Paragraph; Falsification in Official Matters; Perjury. Amend RSA 641:1 by inserting after paragraph II the following new paragraph:

III. In addition to the penalties for perjury set forth in this section, a police officer who is found guilty of perjury in any official proceeding shall be prohibited from serving as a police officer in this state for life. Notwithstanding RSA 91-A, all records of any official proceedings involving a police officer charged with perjury shall be public records.

3 New Paragraph; Falsification in Official Matters; False Swearing. Amend RSA 641:2 by inserting after paragraph III the following new paragraph:

IV. In addition to the penalties for false swearing set forth in this section, a police officer who is found guilty of false swearing in any official proceeding as defined in RSA 641:1, II shall be prohibited from serving as a police officer in this state for a period of not less than 5 years from the date of the conviction. Notwithstanding RSA 91-A, all records of any official proceedings involving a police officer charged with false swearing shall be public records.

4 Effective Date. This act shall take effect January 1, 2014.