SB67 (2017) Detail

Relative to the authority of state police employees.


CHAPTER 199

SB 67 - FINAL VERSION

 

03/16/2017   0765s

1Jun2017... 1737h

2017 SESSION

17-0656

09/10

 

SENATE BILL 67

 

AN ACT relative to the authority of state police employees.

 

SPONSORS: Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Rep. Hinch, Hills. 21; Rep. Shurtleff, Merr. 11

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill grants state police employees the authority to enforce motor vehicle laws and regulations relative to the transportation of hazardous materials.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/16/2017   0765s

1Jun2017... 1737h 17-0656

09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the authority of state police employees.

 

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

 

199:1  Statement of Purpose.  The purpose of this act is to enhance the ability of the New Hampshire state police to patrol our state highways and protect the public, support other law enforcement agencies and to reduce civil liability, by ensuring that the laws defining state police jurisdiction are unambiguous and comprehensive.  As the population increases and tourism grows, local and state law enforcement agencies are increasingly called upon to work in a coordinated and cooperative manner to address the public safety needs of this state, particularly in the areas of impaired driving enforcement and stemming the flow of illegal drugs traveling into New Hampshire on our roadways.  This act shall ensure there are no jurisdictional limitations on that cooperative law enforcement effort.  This act is not intended to limit the critical role that local law enforcement agencies play in protecting public safety in their respective communities.

199:2  Authority and Duties of Police Employees.  Amend RSA 106-B:12 to read as follows:

106-B:12  Authority and Duties of Police Employees.  Police employees shall be ex-officiis constables throughout the state[, shall patrol the highways, enforce the highway traffic laws and regulations, enforce the motor vehicle laws relative thereto].  They shall have statewide authority to enforce all provisions of RSA title XXI relative to motor vehicle laws and [enforce] the regulations relative to the transportation of hazardous materials, pursuant to RSA 106-A:18 and RSA 106-B:15[, and]. The director, division of state police, shall report to the director, division of motor vehicles, all violations of and prosecutions under the motor vehicle laws.  Police employees shall have general power to enforce all criminal laws of the state and to serve criminal processes and make arrests, under proper warrants, in all counties.  They shall not serve civil processes.  No police employee shall act, be used or called upon for service within any town in any industrial dispute unless actual violence has occurred therein, and then only upon order of the governor.  When any police employee shall apprehend any person who has committed or attempted to commit a felony the director shall immediately make a report to the attorney and the sheriff of the county and the chief of police of the municipality in which the offense was, or was suspected of being, committed and such cases shall be investigated and prosecuted by said county officials with the cooperation of said police employees.

199:3  Jurisdiction of Police Employees.  Amend RSA 106-B:15 to read as follows:

106-B:15  Jurisdiction of Police Employees.

I.  Police employees have primary jurisdiction on all turnpikes, toll roads, limited access highways, and interstate highways and nothing in this section shall be construed to limit the authority of local police officers.

II.  A police employee shall not act within the limits of a town having a population of more than 3,000 or of any city, except when he or she is enforcing the motor vehicle laws or the regulations relative to the transportation of hazardous materials, witnesses a crime, [or] is in pursuit of a law violator or suspected violator, [or when] is in search of a person wanted for a crime committed outside its limits, [or when] is in search of a witness of such crime, [or when traveling through such town or city,] is faced with public safety exigent circumstances, or when acting as an agent of the director of motor vehicles enforcing rules pertaining to driver licenses, registrations and the inspection of motor vehicles, or when requested to act by an official of another law enforcement agency, or when ordered by the governor.  [No criminal case shall be abated, quashed, or dismissed and no evidence in a criminal case shall be suppressed or excluded because a police employee has failed to comply with the jurisdictional limits of this section, provided, that the police employee had a good faith belief that he had authority to act when he acted.]  Notwithstanding paragraph I, nothing in this section shall be construed to limit the primary jurisdiction of the local police agency in a town having a population of more than 3,000 or any city.

199:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: July 05, 2017

Effective Date: September 03, 2017

Links

SB67 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 Senate Hearing
March 16, 2017 Senate Floor Vote
March 29, 2017 House Hearing
March 29, 2017 House Exec Session
April 20, 2017 House Floor Vote
May 2, 2017 House Hearing
May 16, 2017 House Exec Session
June 1, 2017 House Floor Vote

Bill Text Revisions

SB67 Revision: 1289 Date: July 6, 2017, 1:08 p.m.
SB67 Revision: 1292 Date: June 15, 2017, 10:13 a.m.
SB67 Revision: 1290 Date: June 15, 2017, 10:05 a.m.
SB67 Revision: 1291 Date: June 2, 2017, 12:28 p.m.
SB67 Revision: 1293 Date: Jan. 24, 2017, 10:15 a.m.

Docket


Sept. 3, 2017: Signed by the Governor on 07/05/2017; Chapter 0199; Effective 09/03/2017


June 22, 2017: Enrolled (In recess 06/22/2017); SJ 20


June 22, 2017: Enrolled 06/22/2017 HJ 19 P. 23


June 8, 2017: Sen. Carson Moved to Concur with the House Amendment, MA, VV; 06/08/2017; SJ 19


June 1, 2017: Ought to Pass with Amendment 1737h: MA VV 06/01/2017 HJ 17 P. 136


June 1, 2017: Amendment # 2017-1737h: AA VV 06/01/2017 HJ 17 P. 136


: Minority Committee Report: Inexpedient to Legislate


June 1, 2017: Majority Committee Report: Ought to Pass with Amendment # 2017-1737h for 06/01/2017 (Vote 14-3; RC) HC 26 P. 16


May 16, 2017: Executive Session: 05/16/2017 LOB 208


May 2, 2017: Public Hearing: 05/02/2017 10:00 AM LOB 208


April 20, 2017: Referred to Judiciary 04/20/2017 HJ 14 P. 3


April 20, 2017: Ought to Pass: MA VV 04/20/2017 HJ 14 P. 3


April 20, 2017: Committee Report: Ought to Pass for 04/20/2017 (Vote 18-0; CC) HC 20 P. 4


March 29, 2017: Executive Session: 03/29/2017 LOB 204


March 29, 2017: Public Hearing: 03/29/2017 10:30 AM LOB 204


March 9, 2017: Introduced 03/09/2017 and referred to Criminal Justice and Public Safety HJ 10 P. 76


March 16, 2017: Ought to Pass with Amendment 2017-0765s, MA, VV; OT3rdg; 03/16/2017; SJ 9


March 16, 2017: Committee Amendment # 2017-0765s, AA, VV; 03/16/2017; SJ 9


March 16, 2017: Committee Report: Ought to Pass with Amendment # 2017-0765s, 03/16/2017; Vote 5-0; CC; SC 14


Jan. 24, 2017: Hearing: 01/24/2017, Room 100, SH, 09:40 am; SC 7


Jan. 5, 2017: Introduced 01/05/2017 and Referred to Judiciary; SJ 4