Bill Text - HB1435 (2014)

Requiring law enforcement officials to disclose specific information relating to a police checkpoint.


Revision: March 27, 2014, midnight

HB 1435 – AS AMENDED BY THE HOUSE

5Mar2014… 0196h

2014 SESSION

14-2347

06/10

HOUSE BILL 1435

AN ACT requiring law enforcement officials to disclose specific information relating to a police checkpoint.

SPONSORS: Rep. O'Flaherty, Hills 12; Rep. Warden, Hills 39

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill requires law enforcement officials to disclose specific information to the public regarding 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

5Mar2014… 0196h

14-2347

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT requiring law enforcement officials to disclose specific information relating to a police checkpoint.

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

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

265:1-a Sobriety Checkpoints.

I. 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.

II. One week prior to conducting any checkpoint authorized under paragraph I, the law enforcement officer or agency shall give public notice of the date, time, duration, and location of the checkpoint, the name of any agency working with the law enforcement agency, and the purpose for establishing the checkpoint.

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