Revision: July 11, 2017, 2:24 p.m.
CHAPTER 206
SB 13 - FINAL VERSION
1Jun2017... 1452h
06/22/2017 2376EBA
2017 SESSION
17-0583
04/09
SENATE BILL 13
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Executive Departments and Administration
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This bill dissolves the administrative attachment of the police standards and training council to the community college system of New Hampshire and establishes the police standards and training council as an executive branch council. The bill also repeals the statutes relating to the New Hampshire technical institute security force.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
1Jun2017... 1452h
06/22/2017 2376EBA 17-0583
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
206:1 New Chapter; Sheriffs, Constables, and Police Officers; Police Standards and Training Council. Amend RSA by inserting after chapter 106-K the following new chapter:
CHAPTER 106-L
POLICE STANDARDS AND TRAINING council
106-L:1 Findings and Policy. The legislature finds that the administration of criminal justice is of statewide concern; that police and corrections work are important to the health, safety, and welfare of the people of this state; that police and corrections work are of such a nature as to require education and training of a professional character; and that it is in the public interest that such education and training be made available to persons who seek to become police and corrections officers, persons who are serving as police and corrections officers in a temporary or probationary capacity, and persons already in regular service.
106-L:2 Definitions. In this chapter:
I. "Police officer'' means any appointed or elected employee of a police department or any appointed employee of a sheriff's department, the fish and game department, the department of safety, or any special agent appointed by the state liquor commission which is administered by the state or any of its political subdivisions and who is responsible for the prevention, detection or prosecution of crime or the enforcement of the penal, traffic, highway, boating, liquor, or bingo and lucky 7 laws of this state or any of its political subdivisions.
II. "Council'' means the police standards and training council.
III. "Director" means the director of the police standards and training council.
IV. "State corrections officer'' means any sworn classified employee of the New Hampshire department of corrections who is responsible for the physical custody and security of inmates at a state correctional institution and is authorized by law to use force to prevent escapes from such institution.
V. "State probation-parole officer'' means any sworn employee of the New Hampshire department of corrections who is responsible for the supervision of probationers and parolees, who has an assigned caseload, and who has the authority to arrest for violations of the rules of probation or parole.
106-L:3 Police Standards and Training Council.
I. There is established a police standards and training council. It shall consist of the following members:
(a) Two members shall be chiefs of police in towns;
(b) Two members shall be chiefs of police in cities;
(c) Two members shall be county sheriffs;
(d) Two members shall be judges of courts with criminal jurisdiction;
(e) The chancellor of the community college system of New Hampshire, or designee;
(f) The director of the division of state police, or designee;
(g) The attorney general, or designee;
(h) The commissioner of the department of corrections, or designee; and
(i) Two public members, neither of whom shall be a certified police officer, lawyer, or judge, and neither of whom shall have a spouse, sibling, or parent, by birth, adoption, or marriage, who is a certified police officer, lawyer, or judge.
II. Except for the members appointed pursuant to subparagraphs I(e)-(h) who shall serve during their continuance in office, members of the council shall be appointed by the governor for terms of 2 years. No member shall serve beyond the time that the office or employment which qualified such member for appointment. Any vacancy on the council shall be filled for the unexpired term in the same manner as the original appointment is held. Persons filling vacancies shall be appointed to serve out the unexpired term and shall have the same qualifications for office as the member whose vacancy they are filling.
III. The governor shall designate a member to be the chairperson of the council, and the council shall elect annually its vice chairperson from among the members of the council.
IV. Notwithstanding the provisions of any statute, ordinance, local law, or charter provision to the contrary and except as otherwise provided in subparagraph I(i) regarding qualification of public members, membership on the council shall not disqualify any member from holding any other public office or employment, or cause the forfeiture of any office or employment.
V. Members of the council shall serve without compensation, but shall be entitled to receive reimbursement for any actual expenses incurred as a necessary incident to such service.
VI. The council shall hold no fewer than 4 regular meetings a year. The chairperson shall fix the times and places of meetings, either on the chairperson's own motion or upon written request of any 5 members of the council.
VII. The council shall report annually to the governor and executive council on its activities, and may make such other reports as it deems desirable.
106-L:4 Executive Branch Jurisdiction. The police standards and training council is an executive branch council. The council, the director, and employees hired by the director performing the functions required by this chapter shall be subject to RSA 7:8, RSA 541-B, and RSA 99-D, and contracts by them shall be subject to attorney general review and review and approval by the governor and executive council.
106-L:5 Powers. In addition to other powers given to the council by this chapter, it may:
I. Adopt rules for the administration of this chapter in accordance with the provisions of RSA 541-A.
II. Require submission of reports and information from law enforcement and corrections agencies within this state that may be pertinent to the effective functioning of the council.
III. For the purposes of a disciplinary hearing, subpoena and examine witnesses under oath, take oaths or affirmations, and reduce to writing testimony given at any hearing. Any person whose rights or privileges may be affected at such a disciplinary hearing may appear with witnesses and be represented by counsel.
IV. Establish minimum educational and training standards for employment as a police officer, state corrections officer, or state probation-parole officer either in permanent positions or in temporary or probationary status.
V. Certify persons as being qualified under the provisions of this chapter to be police officers, state corrections officers, state probation-parole officers, or certified border patrol agents for the purposes of RSA 594:26, and establish rules under RSA 541-A for the suspension or revocation of the certification of such persons in the case of egregious misconduct or failure to comply with council standards.
VI. Establish entrance, student conduct, and curriculum requirements for preparatory, in-service, and advanced courses and programs for schools operated by or for the state or its political subdivisions for the specific purpose of training police, state corrections, or state probation-parole recruits or officers or tuition students at such programs.
VII. Consult and cooperate with counties, municipalities, agencies of this state, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of police and corrections training schools and programs or courses of instruction, and the development of standards and methodology for the voluntary accreditation of police departments in the state.
VIII. Offer the educational material and, as appropriate, training relative to the human immunodeficiency virus and related issues prepared and developed pursuant to RSA 141-F:3, II.
IX. Establish, maintain, certify, or approve institutions and facilities for training police officers, state corrections officers, or state probation-parole officers, and recruits for such positions.
X. Make or cause to be made studies of any aspect of police or corrections education and training or recruitment.
XI. Prepare and make available, upon request, model policies and procedures to assist law enforcement agencies in preparation of written policies.
XII. Establish and maintain a voluntary certification program for police canines and canine handlers.
XIII. Make recommendations concerning any matter within its purview pursuant to this chapter.
XIV. Make such investigations as may be necessary to determine whether governmental units are complying with the provisions of this chapter.
XV. Adopt and amend bylaws, consistent with law, for its internal management and control.
XVI. Enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter.
XVII. Accept in the name of the state any and all donations or grants, both real and personal, from any governmental unit or public agency, or from any institution, person, firm, or corporation. The council shall receive, utilize, and dispose of all donations and grants subject to budgetary provisions and according to the rules of the council and consistent with the purposes or conditions of the donation or grant. The receipt of a donation or grant shall be noted in the annual report of the council. The report shall identify the donor, the nature of the donation or grant, and the condition of the donation or grant, if any. Any moneys received by the council pursuant to this paragraph shall be deposited in the state treasury to the account of the council and shall not lapse.
XVIII. Nominate and appoint a director of police standards and training for a term of 4 years who shall report to the police standards and training council, and who shall be an unclassified employee, and whose salary shall be established by RSA 94:1-a. All other employees shall be hired by the director and shall be classified employees. The director shall have practical and academic knowledge in the field of law enforcement, including substantial administrative experience and a degree or degrees in criminology, police administration, or other similar field or any equivalent combination of education and experience.
XIX. The council may delegate to the director of police standards and training any powers and duties enumerated in this chapter.
XX. The director may grant authority to any certified full-time police officer employed by the council as assistant director or law enforcement training specialist, to enforce the provisions of this chapter and any rules adopted under this chapter, and cooperate and exchange information with any local, state, or federal law enforcement agency relative to the qualification and moral fitness of applicants for employment or continued employment as police officers or corrections officers.
XXI. The council may appoint, after consultation with the commissioner of corrections, a corrections advisory committee from a list of nominees submitted by the director. The members shall serve without compensation at the pleasure of the council and shall consist of one representative of the management of each adult correctional facility operated by the department of corrections, one representative each from prison industries, the secure psychiatric unit, and probation-parole, one medical professional from within the correctional system, one state corrections officer chosen by the New Hampshire state employees' association, and one representative of a county correctional institution chosen by the New Hampshire Association of Counties. The committee shall meet not less than twice in each fiscal year at the call of the director, and shall advise the council as requested on issues coming before it concerning corrections standards and training.
XXII. Adopt rules and establish fees to implement the provisions of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. section 926C(d)(2)(B) in accordance with RSA 541-A.
106-L:6 Education and Training Required.
I. The council shall provide by rule that after one year from the effective date of the rule no person shall be appointed as a police officer, state corrections officer, or state probation-parole officer, except on a temporary or probationary basis, unless such person has satisfactorily completed a preparatory program of police, corrections, or probation-parole training appropriate to such person's position at a school approved by the council. No such officer who lacks the educational and training qualifications required by this section may have the temporary or probationary employment extended beyond 2 years.
II. Every elected police officer shall be required to satisfactorily complete a preparatory program of police training at a school approved by the council. Any elected officer who has not complied with the educational and training requirements of this paragraph within 6 months after election shall be removed from office by the governing body of the governmental unit by which such officer was elected; provided, however, that the council may, for such reasons as it may specify in its rules, grant an extension of this time limit not to exceed an additional 6 months. A governing body which has removed an elected police officer from office under the provisions of this paragraph shall appoint a police officer to fill the vacant office. The appointed police officer shall continue to hold office until the elected officer who was removed has complied with the educational and training requirements of this paragraph or until an election is held, whichever occurs first. If any police officer who has failed to comply with the educational and training requirements of this paragraph is reelected, such officer shall not take office without permission of the council. If a noncomplying police officer who has not obtained the permission of the council to take office is reelected, the governing body of the governmental unit by which such officer was elected shall appoint a police officer to fill the vacant office. The appointed police officer shall continue to hold office until the elected officer has complied with the educational and training requirements of this paragraph or until an election is held, whichever occurs first.
III. The council, by rules adopted under RSA 541-A, shall establish the standards for physical and mental fitness under paragraphs IV-XI and shall fix other qualifications for the appointment of police officers, state corrections officers, and probation-parole officers, including minimum age, physical and mental standards, citizenship, good moral character, experience, and other such matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of their offices. The council shall prescribe the means for presenting evidence of the fulfillment of these requirements.
IV. The council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, prior to assuming their duties, successfully pass a medical examination including a drug screening administered under the direction of a licensed physician according to protocols adopted by the council. Such examination, when conducted, shall be valid for a period of one year for purposes of application for employment.
V. The council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, as a condition of admission to a basic or reciprocal certification training program successfully pass a physical fitness performance test administered according to standards adopted by the council.
VI. The council shall require that all uncertified part-time and full-time police officers, state corrections officers, and probation-parole officers, prior to assuming their duties, successfully pass a psychological screening test battery administered under the direction of a licensed psychologist or psychiatrist according to protocols adopted by the council and designed to detect behavioral traits that could adversely affect the person's ability to perform the essential functions of a law enforcement officer. Such an examination shall be valid for a period of one year from the date of administration for purposes of application for such employment.
VII. Beginning January 1, 2001, the police standards and training council shall require that all certified police officers, state corrections officers, and probation-parole officers, hired after that date, as a condition of continued certification and employment furnish the council every 3 years with a certificate from a licensed physician, physician's assistant, or registered nurse practitioner who has conducted a medical examination of the officer according to protocols adopted by the council, certifying that in the opinion of the examiner the officer is physically capable of participating in the council's physical fitness test.
VIII. Any officer who is unable to meet the medical requirements of paragraph VII may request an additional medical examination by a physician chosen by the council. If the officer is still unable to meet the standards, such officer's certification shall be placed in a probationary status for a period of up to 2 years, during which time the officer may request re-examination at any time. If following the 2-year period the officer is still unable to meet the standards, the officer's certification shall be suspended until such time as such officer obtains the medical certification required in paragraph VII.
IX. Beginning January 1, 2001, the police standards and training council shall require that all certified police officers, state corrections officers, and probation-parole officers, hired after that date, as a condition of continued certification and employment every 3 years pass a physical fitness performance test administered by the hiring authority or the council, according to protocols adopted by the council.
X. Any officer who is unable to meet the physical fitness performance requirements of paragraph IX may request an additional physical fitness performance test administered by the council. If the officer is still unable to meet the standards, such officer's certification shall be placed in a probationary status for a period of up to 2 years, during which time the officer may request re-examination at any time. If, following the 2-year period, the officer is still unable to meet the standards, the officer's certification shall be suspended until such time as such officer is able to pass the physical performance test.
XI. In any case where the council has reasonable grounds to doubt that the medical examination performed as required in paragraph VII was performed in accordance with the appropriate protocols, the council may require the officer to submit to a separate examination by a physician selected by the council, at the council's expense.
XII. A licensed physician, psychiatrist, psychologist, or person acting under the licensee's supervision, whose examination administered under this chapter results in an employment decision adverse to a police, corrections, or probation-parole officer shall be immune from suit resulting from such examination or decision, providing such examination is conducted in good faith, not in a wanton or reckless manner.
XIII. To the extent required to comply with federal or state law, the council may grant a waiver, with respect to employment at a specific agency, to an officer who cannot meet the standards in paragraphs VII-X.
XIV. Nothing in this section shall prevent individual hiring agencies from adopting physical fitness programs for their officers that are more stringent or frequent than those required in this section.
XV. Except as provided in paragraph XI and notwithstanding other provisions of law to the contrary, a hiring authority may assess a testing fee to cover all or part of the cost of any medical or psychological examination in cases where the person has been given a conditional offer of employment. A hiring authority may also make repayment of a testing fee part of any training or hiring contract that establishes a minimum term of employment for such an officer.
XVI. The council shall issue a certificate evidencing satisfaction of the requirements of paragraphs I, II, and III to any applicant who presents such evidence as may be required by its rules of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the council for approved police, corrections, or probation-parole, as appropriate, education and training programs in this state.
XVII. Any special agent of the state liquor commission who has the power to enforce the criminal laws under RSA title XIII and rules of the state liquor commission and who was serving under a permanent appointment prior to August 13, 1985, shall not be required to meet the requirements of paragraphs I and III; however, any special agent referred to in this paragraph shall complete such limited programs as may be prescribed by rule adopted under RSA 541-A by the police standards and training council under this section within one year of the date the programs are required. Should any special agent exempted from the requirements of paragraphs I and III of this section by this paragraph terminate employment with the state liquor commission and be hired as a police officer by another police department of the state or a political subdivision thereof, the special agent's certification shall lapse and may be reinstated upon completion of such necessary additional training courses as the police standards and training council may prescribe by rule adopted under RSA 541-A.
106-L:7 Additional Training of Peace Officers. The director of the police standards and training council shall develop appropriate training programs and methods to instruct peace officers in the proper techniques for dealing with intoxicated and incapacitated persons and to encourage the maximum utilization by peace officers of detoxification facilities, alcohol counselors, and licensed general hospitals for such purposes.
106-L:8 Alzheimer's Disease and Other Related Dementia Training. The director of the police standards and training council shall provide education and training to the law enforcement community on Alzheimer's disease and other related dementia. The director may use the educational program developed in conjunction with the department of health and human services under RSA 126-A:5, XXVII and may include such additional components as may be appropriate to effectively assist law enforcement officers in responding to incidents involving persons with Alzheimer's disease and other related dementia.
106-L:9 Reimbursement of Expenses. The council may reimburse political subdivisions or the state for, or may pay for a portion of, the expenses incurred by the officers in attendance at police training programs conducted or approved by the council.
106-L:10 Penalty Assessment; Waiver of Penalty.
I. Every court shall levy a penalty assessment of $2 or 24 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked. Notwithstanding any law or rule to the contrary, the penalty assessment shall be levied in addition to the amount of the fine or penalty imposed by the court.
II. If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.
III. If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.
IV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit 66.66 percent of the amount collected in the state general fund, 16.67 percent of the amount collected in the victims' assistance fund, and 16.67 percent of the amount collected in the judicial branch information technology fund.
V. If it is determined by a court that the payment of all or any part of a penalty assessment would work a hardship on the person convicted or on such person's immediate family, the court may suspend the payment of all or any part of the assessment.
106-L:11 Attendance by Persons Other Than Police Officers. Persons who are not police officers as defined in RSA 106-L:2 may attend courses given by the police standards and training council under such conditions and for such tuition as may be established by the council. Certain courses may be closed to persons who are not police officers on recommendation of the director and approval by the council.
106-L:12 Tuition Students.
I. The council may set tuition, selection procedures, and fees for acceptance of tuition students at its programs and for the use of its facilities. Such fees shall be credited, with the approval of the department of administrative services, to the operating accounts of the council to offset additional expenditures necessitated by the acceptance of the additional students.
II. Tuition students at police and corrections academy programs shall be required to comply with background investigation requirements no less stringent than for persons hired as police or corrections officers by units of government.
III. Certain courses may be closed to persons who are not police or corrections officers on recommendation by the director and approval by the council.
106-L:13 Volunteers; Liability Limited.
I. Any volunteer of a nonprofit organization or government entity assisting the council in its training programs shall be immune from civil liability in any action brought on the basis of any act or omission resulting in damage or injury to any person if:
(a) The volunteer had prior written approval from the organization to act on behalf of the organization; and
(b) The volunteer was acting in good faith and within the scope of the volunteer's official functions and duties with the organization; and
(c) The damage or injury was not caused by willful, wanton, or grossly negligent misconduct by the volunteer.
II. In this section:
(a) "Damage or injury'' includes physical, nonphysical, economic, and noneconomic damage.
(b) "Nonprofit organization'' shall include, but not be limited to, a not for profit organization, corporation, community chest, fund or foundation, and an organization exempt from taxation under section 501(c) of the Internal Revenue Code of 1986 organized or incorporated in this state or having a principal place of business in this state.
106-L:14 Firearms Instructors; Liability Limited. Members of the council, council employees, or persons currently certified as firearms instructors by the council pursuant to Pol 404.05, having certified a person as being proficient with their weapons and meeting the standards established in Pol 404.03 to qualify under the provisions of 18 U.S.C. section 926C(d)(2)(B), shall be immune from liability for any action taken by such person subsequent to their certification, unless the employee or firearms instructor knew that the person certified was not qualified under 18 U.S.C. section 926C(d)(2)(B) to have received such certification.
106-L:15 Prior Certification. Any police officer previously certified by the police standards and training council prior to the effective date of this chapter shall be considered certified under this chapter and shall continue to be subject to the jurisdiction of the police standards and training council.
206:2 Application of Receipts. Amend RSA 6:12, I(b)(23) to read as follows:
(23) The assessments collected under [RSA 188-F:31] RSA 106-L:10 and 651:63, V and the surcharges on state commissary purchases under RSA 622:7-b designated for the victims' assistance fund which shall be credited to the victims' assistance fund until that fund exceeds $900,000, at which time moneys in excess of $900,000 shall be credited to the general fund.
206:3 Pease Development Authority; Additional Duties. Amend RSA 12-G:42, III to read as follows:
III. Be authorized and empowered to appoint and compensate a chief harbor master, a deputy chief harbor master, and one or more harbor masters for communities within the confines of which there are ports or state tidal waters who will enforce the directives of the authority and the division, including but not limited to the placement of moorings, the assignment of anchorage areas, and the movement of traffic. The authority may appoint one or more assistant harbor masters at any such place to assist the chief harbor master, the deputy chief harbor master, or one or more harbor masters in carrying out any of their duties. Any person appointed by the authority as a chief harbor master or deputy chief harbor master shall hold a valid and current certification as a full-time police officer in accordance with [RSA 188-F:27] RSA 106-L:6 and any rules adopted thereunder.
206:4 Legislative Security; Authority. Amend RSA 14:50, IV to read as follows:
IV. Legislative security staff members shall not be required to meet the training and certification requirements of [RSA 188-F:27] RSA 106-L:6 but may attend and participate in training programs at the police standards and training council and upon successfully completing such programs shall receive the same academic credits or certifications as other peace officers attending such programs.
206:5 Department of Justice; Attorney General. Amend RSA 21-M:3, VII to read as follows:
VII. The attorney general may nominate, subject to confirmation by the governor and council, criminal justice investigators and consumer protection investigators within the limits of the appropriations made for the appointments, each of whom shall have statewide law enforcement authority, shall be a peace officer as defined by RSA 594:1, III, and shall serve for a 5-year term. Any person nominated for such a position shall be certified or eligible for certification as a police officer pursuant to [RSA 188-F:26] RSA 106-L:5, V. A criminal justice investigator or a consumer protection investigator shall be removed if he or she fails to achieve certification or if he or she is decertified by the police standards and training council, otherwise a criminal justice investigator or a consumer protection investigator may be removed only as provided by RSA 4:1.
206:6 Department of Safety; Authority of Hospital Security Force Officers. Amend RSA 21-P:7-c, I to read as follows:
I. All security officers of the hospital security force shall possess such police powers as are granted to them by the commissioner of safety pursuant to RSA 21-P:4, XI. All officers of the hospital security force hired after the effective date of this paragraph shall be required to meet the training standards required generally of police offers by the police standards and training council pursuant to [RSA 188-F] RSA 106-L and in addition shall receive additional training in dealing with persons with mental illness as specified by the commissioner of safety after consultation with the chief executive officer of the New Hampshire hospital.
206:7 Choice and Duties of Town Officers; Tenure of Office. Amend RSA 41:48 to read as follows:
41:48 Tenure of Office. Any permanent constable or police officer who is either elected under the provisions of RSA 41:47 or appointed for full-time duty under the provisions of RSA 105:1, and who is in compliance with the requirements of [RSA 188-F:27] RSA 106-L:6, shall continue to hold such office during good behavior, unless sooner removed for cause by the selectmen, after notice and hearing, or unless the town has rescinded its action as provided in RSA 41:47. Any such elected permanent constable or police officer shall be deemed to be a permanent policeman, and entitled to benefits under the provisions of RSA 103 if otherwise qualified.
206:8 New Hampshire Retirement System; Membership. Amend RSA 100-A:3, III-b to read as follows:
III-b. Notwithstanding the provisions of RSA 100-A:1, VII, any permanent police officer certified under [RSA 188-F:22-30] RSA 106-L as a full-time police officer, who has been a group II member for at least 5 years and who becomes a law enforcement training specialist or who has been a group II member for at least 10 years and becomes assistant director or director of the police standards and training council and as a job requirement has satisfied minimum standards as determined by the police standards and training council for physical condition, education and training shall be construed to be a permanent policeman for purposes of membership in group II and shall remain in the system for the duration of his or her service in that capacity with the police standards and training council.
206:9 Auxiliary State Police. Amend RSA 106-B:19 to read as follows:
106-B:19 Auxiliary State Police. The director is authorized to recruit, train, and organize an auxiliary state police force of not more than 16 persons for the purpose of providing emergency services throughout the state for peacetime or wartime emergencies or threatened emergencies and for augmenting the state police force in such manner as the director may deem appropriate. Notwithstanding other provisions the director may recruit such auxiliary force from retired state or local police. Such auxiliary force shall at all times be under the direction and control of the said director and shall be subject to rules adopted by the director under RSA 541-A and shall be limited to specific hours in any given calendar year for part-time police officers adopted in rules under RSA 541-A by the police standards and training council, pursuant to [RSA 188-F:27, III] RSA 106-L:6, III.
206:10 Liquor Investigator; Training. Amend RSA 176:9, II to read as follows:
II. Any new liquor investigator employed by the commission under this section after August 13, 1985, shall, within 6 months of employment, satisfactorily complete a preparatory police training program as provided by [RSA 188-F:27] RSA 106-L:6, unless he or she has already completed such a program.
206:11 Fish and Game; Powers of Executive Director and Conservation Officers. Amend the introductory paragraph of RSA 206:26 to read as follows:
206:26 Powers. The executive director, if certified as a police officer in accordance with [RSA 188-F:26, IV] RSA 106-L:5, V, and each conservation officer, shall have the power:
206:12 Fish and Game; Authority and Powers of Executive Director and Conservation Officers. Amend RSA 206:26-b, IV to read as follows:
IV. The provisions of paragraphs I, II and III as they pertain to the executive director shall not apply to any executive director who has not been certified as a police officer in accordance with [RSA 188-F:26, IV] RSA 106-L:5, V.
206:13 Forestry; Validity of Prosecutions; Training of Forest Rangers. Amend RSA 227-G:8 and 9 to read as follows:
227-G:8 Validity of Prosecutions. Forest rangers and officials of the division appointed to enforce this title and other laws provided for in RSA 227-G:7 are authorized, upon successful completion of the preparatory training programs for full-time or part-time police officers established by the police standards and training council under [RSA 188-F] RSA 106-L and their subsequent certification as full-time or part-time police officers, to prosecute these laws within the jurisdiction of municipal and district courts, unless the prosecutorial jurisdiction over a particular case or class of cases is preempted by the county attorney or the attorney general. Prosecutions for violations of any provisions of this title are declared to be valid and proper, notwithstanding the existence of any law of this state dealing with matters that may be the same as or similar to those covered by this title.
227-G:9 Training of Forest Rangers.
I. Any forest ranger of the division appointed to enforce the provisions of this title and other laws provided for in RSA 227-G:7, shall successfully complete the preparatory training for part-time police officers established by the police standards and training council pursuant to [RSA 188-F] RSA 106-L no later than one year from the date of hire. Upon successful completion of the training program, such forest ranger shall be certified as a part-time police officer.
II. Any forest ranger of the division hired after January 1, 2005 appointed to enforce the provisions of this title and other laws provided for in RSA 227-G:7, shall successfully complete the preparatory training for full-time police officers established by the police standards and training council pursuant to [RSA 188-F] RSA 106-L no later than one year from the date of hire. Upon successful completion of the training program, such forest ranger shall be certified as a full-time police officer.
III. Any forest ranger of the division hired before January 1, 2005 shall be certified as a full-time police officer upon successful completion of the preparatory training for full-time police officers established by the police standards and training council pursuant to [RSA 188-F] RSA 106-L.
206:14 Waiver in Lieu of Court Appearance. Amend RSA 262:44, I to read as follows:
I. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles'' which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited as agency income and not out of the penalty assessment charged by the district court. The director of the division of motor vehicles shall remit the penalty assessments collected to the state treasurer to be credited and continually appropriated to the state general fund and to the victims' assistance fund and the judicial branch information technology fund in the percentages and manner prescribed in [RSA 188-F:31] RSA 106-L:10. Fines shall be paid over to the state treasurer, and shall be credited as agency income by the department of safety within 14 days of their receipt and shall not lapse to the general fund until the second year of each biennium.
206:15 State Police Duties Relative to Vehicle Inspections. Amend RSA 266:1-a, I to read as follows:
I. The director of the division of state police, with the approval of the commissioner of safety shall assign a suitable complement of state troopers to assist the director of motor vehicles in enforcing the motor vehicle inspection laws and rules. A state trooper assigned pursuant to this section shall have the powers of a peace officer, certified under [RSA 188-F:26] RSA 106-L:5, V, and shall have as a primary function statewide enforcement duties related to the inspection process, including inspection station auditing, investigation of alleged inspection station malfeasance, rejected vehicle follow-up, and sticker monitoring. A state trooper assigned under this section shall have the authority to enter any motor vehicle inspection station authorized under RSA 266:1, during the station's business hours, to fulfill his or her duties, and shall be assigned other enforcement duties as determined by the commissioner.
206:16 Railroad Police; Qualifying for Commission. Amend RSA 381:4 to read as follows:
381:4 Qualifying for Commission. Any person who was a railroad police officer on August 21, 1979, in order to qualify for an appointment as a railroad police officer pursuant to RSA 381:2, must have been employed on a full-time basis by a railroad police department, municipal police department or a state police department, or combination thereof, for a minimum of 3 years. Such employment shall have been in performing the duties of a police officer. Any person who was not a railroad police officer on August 21, 1979, or who was so employed but did not have the 3 years of employment required by this section, shall be required to be certified as a police officer in accordance with [RSA 188-F] RSA 106-L in order to qualify for appointment pursuant to RSA 381:2. Any person employed as a railroad police officer after August 21, 1979, shall complete such training as the police standards and training council shall determine, which, together with his or her prior training and experience in this or any other jurisdiction, is the equivalent required for certification as a police officer in accordance with [RSA 188-F] RSA 106-L in order to qualify for appointment pursuant to RSA 381:2.
206:17 Standards for Weights and Measures; Training of Inspectors. Amend RSA 438:15-a to read as follows:
438:15-a Training of Inspectors. Any inspector of the department of agriculture, markets, and food appointed to enforce the laws and rules pertaining to weights and measures under RSA 438 shall successfully complete the preparatory training program for part-time police officers established by the police standards and training council pursuant to [RSA 188-F] RSA 106-L no later than 2 years from the date of hire. Upon successful completion of the training program such inspector shall be certified as a part-time police officer. Inspectors serving under permanent appointment on April 27, 1990 who have the power to enforce the laws and rules pertaining to weights and measures under RSA 438 shall also successfully complete the preparatory training program for part-time police officers within one year of April 27, 1990 and shall, upon completion, be certified as part-time police officers.
206:18 Standards for Weights and Measures; Validity of Prosecutions. Amend RSA 438:43 to read as follows:
438:43 Validity of Prosecutions. Inspectors and officials appointed to enforce this chapter or any other laws dealing with weights and measures are hereby empowered, upon their successful completion of the preparatory training program for part-time police officers established by the police standards and training council under [RSA 188-F] RSA 106-L, to prosecute these laws within the jurisdiction of municipal and district courts, unless the prosecutorial jurisdiction over a particular case or class of cases is preempted by the county attorney or the attorney general. Prosecutions for violations of any provision of this chapter are declared to be valid and proper, notwithstanding the existence of any law of this state dealing with matters that may be the same as or similar to those covered by this chapter.
206:19 Judicial Branch Information Technology Fund. Amend RSA 490:26-h, I(a) to read as follows:
(a) Thirty percent of each entry fee collected in the supreme, superior, and circuit courts and 16.67 percent of the penalty assessment collected pursuant to [RSA 188-F:31] RSA 106-L:10 shall be deposited in the judicial branch information technology fund.
206:20 Probationers and Parolees: Qualification and Certification of Probation or Parole Officers. Amend RSA 504-A:12-a to read as follows:
504-A:12-a Qualification and Certification of [Probation or Parole] Probation-Parole Officers. Every probation-parole officer shall meet the educational and training standards for employment as a probation-parole officer as established by the police standards and training council under [RSA 188-F:26] RSA 106-L:6, and shall be certified by the council as being qualified to be a probation-parole officer.
206:21 Administrative Procedure Act; Exceptions. Amend RSA 541-A:21, I(s) to read as follows:
(s) [RSA 188-F:26, V] RSA 106-L:5, VI, relative to educational, training, and evidentiary standards and curriculum requirements for police and corrections personnel and courses and tuition students at such courses.
206:22 Jurisdiction and Procedure; Complaints. Amend RSA 592-A:7, I(a) to read as follows:
(a) Criminal proceedings before a circuit court shall be begun by complaint, signed and under oath, addressed to such court, briefly setting forth, by name or description, the party accused and the offense charged, provided that a complaint filed by a police officer, as defined in [RSA 188-F:23, I,] RSA 106-L:2, I for a violation-level offense or a class B misdemeanor shall not require an oath. All complaints filed by a police officer shall include the officer's signature and printed name and notice that making a false statement on the complaint may result in criminal prosecution.
206:23 Office of the Chief Medical Examiner; Affiliation and Training. Amend RSA 611-B:8, II to read as follows:
II. The chief medical examiner and, at the chief medical examiner's direction, other medical examiners shall assist in the training of police officers in police training programs authorized by the police standards and training council under [RSA 188-F:22 through RSA 188-F:32] RSA 106-L.
206:24 Detention Powers of County Fair Security Guards. Amend RSA 627:8-b, II to read as follows:
II. Only security guards who have completed a program of police training for part-time police officers, meeting standards established by the New Hampshire police standards and training council pursuant to [RSA 188-F:26] RSA 106-L:5 and appropriate to a security guard's exercise of limited police powers, shall have the powers of detention granted in paragraph I.
206:25 Rulemaking; Transfer of Rules. Existing rules of the police standards and training council under RSA 188-F shall continue in effect and be enforced by the council under RSA 106-L until they expire or are repealed or amended in accordance with applicable law.
206:26 Repeal. The following are repealed:
I. RSA 188-F:22 through RSA 188-F:32-d, relative to the police standards and training council.
II. RSA 188-F:33 through RSA 188-F:36, relative to the New Hampshire technical institute security force.
206:27 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 10, 2017
Effective Date: September 08, 2017