Bill Text - HB214 (2015)

Relative to circumstances under which a police officer's certification may be revoked.


Revision: March 27, 2015, midnight

HB 214-FN – AS INTRODUCED

2015 SESSION

15-0026

09/04

HOUSE BILL 214-FN

AN ACT relative to circumstances under which a police officer’s certification may be revoked.

SPONSORS: Rep. Tasker, Rock 2; Rep. Schleien, Hills 37; Rep. Beaudoin, Straf 9; Rep. Ulery, Hills 37; Rep. H. French, Merr 2; Rep. Spillane, Rock 2; Rep. Abramson, Rock 20; Rep. Hansen, Hills 22; Rep. Edwards, Hills 11; Sen. Reagan, Dist 17

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires the police standards and training council to revoke the certification of any police officer who is found to have committed an act involving false statements or falsifying evidence.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0026

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to circumstances under which a police officer’s certification may be revoked.

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

1 New Section; Revocation of Police Officer’s Certification. Amend RSA 188-F by inserting after section 26 the following new section:

188-F:26-a Revocation of Police Officer’s Certification. The council shall revoke the certification of a police officer if it finds, after a de novo hearing and by clear and convincing evidence, that the police officer has, in the course of his or her official duties, committed any act that would constitute perjury, false statement, or tampering with or fabricating physical evidence.

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

LBAO

15-0026

01/09/15

HB 214-FN - FISCAL NOTE

AN ACT relative to circumstances under which a police officer’s certification may be revoked.

FISCAL IMPACT:

    The Police Standards and Training Council states this bill, as introduced, would increase state restricted expenditures by an indeterminable amount in FY 2016 and each fiscal year thereafter. There will be no impact on county and local expenditures, or state, county, and local revenue.

METHODOLOGY:

    Police Standards and Training Council states the proposed legislation would require the Council to revoke the certification of a police officer who has, in the course of duty, committed perjury, made false statements, or tampered or fabricated physical evidence based on the results of a de novo hearing. The Council notes any significant increase in the number of hearings held could result in increased costs associated with the preparation, presentation, and subsequent actions required as a result of those hearings. The Council states it is unable to determine how many police officers the proposed legislation would affect and therefore how many additional hearings would be required as a result of the legislation’s passage. Accordingly, the Council states the proposed legislation would increase state restricted expenditures by an indeterminable amount in FY 2016 and each fiscal year thereafter.