Revision: Nov. 6, 2017, 2:19 p.m.
HB 1527 - AS INTRODUCED
2018 SESSION
18-2625
04/01
HOUSE BILL 1527
AN ACT relative to the authority of fish and game officers regarding arrest and search and seizure.
SPONSORS: Rep. Hoell, Merr. 23; Rep. Itse, Rock. 10; Rep. Wallace, Rock. 33
COMMITTEE: Fish and Game and Marine Resources
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ANALYSIS
This bill revises the arrest, search, and seizure powers of a conservation officer and limits the authority of conservation officers to the enforcement of only the fish and game laws.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2625
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to the authority of fish and game officers regarding arrest and search and seizure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Conservation Officers; Powers. Amend RSA 206:26, V-VI to read as follows:
V. To arrest without warrant, but based on probable cause, and on view any person [found violating any law, rule or regulation] who is committing a criminal offense relating to all wildlife, take such person before a court having jurisdiction for trial, and detain such person in custody at the expense of the state until trial;
VI. To stop and to search without a warrant [and to examine in the field,] in the highway, at an airbase, or on the stream, any person, or any boat, conveyance, aircraft, vehicle, gamebag, game coat, creel, crate, box, locker or other receptacle, in the presence of the owner if reasonably possible, or any so-called fish house or bob-house, in the presence of the occupant, for all wildlife, when there is [reasonable and articulable suspicion] probable cause to believe that the owner or occupant is committing a criminal offense relating to any wildlife, or any illegal apparatus subject to forfeiture, is concealed thereon or therein;
2 Conservation Officers; Powers. Amend RSA 206:26, VIII-IX to read as follows:
VIII. Pursuant to a warrant based on probable cause, to seize and take possession of all wildlife, which has been caught, taken or killed, or had in possession, or under control, or which has been shipped or is about to be shipped, at any time, in any manner, or for any purpose, contrary to the laws of this state and to dispose of all wildlife which has been confiscated, seized or picked up for any reason, in a manner prescribed by the executive director, unless otherwise authorized by the court exercising proper jurisdiction;
IX. Pursuant to a warrant based on probable cause, to seize all fishing tackle, guns, shooting and hunting paraphernalia, hunting or fishing licenses, traps, boats, decoys or other appliances used in [violation of any law or rule] committing a criminal offense relating to all wildlife when making an arrest, or found in the execution of a search warrant, and hold the same at the owner's expense until the fine and costs imposed for the violation have been paid in full;
3 Conservation Officers; Powers. Amend RSA 206:26, XIII-XV to read as follows:
XIII. In emergencies upon their requests, to cooperate with other law enforcement agencies; and
XIV. To have and exercise only the powers and privileges granted by RSA 594 as to matters within their jurisdiction under this section[; and
XV. To enforce all provisions of RSA title XXI relative to motor vehicle laws, absent any violation or suspected violation of fish and game laws, with the same authority and powers as any other certified law enforcement officer in the state].
4 Fish and Game; Authority and Duties of Executive Director and Conservation Officers. Amend the introductory paragraph of RSA 206:26-b, I and RSA 206:26-b, I(a)-(b) to read as follows:
I. The executive director and each conservation officer shall[:
(a) Be ex officio constables throughout the state;
(b) 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] have the power and authority to enforce all fish and game laws under title XVIII, and to serve criminal process and make arrests under proper warrants for violations of the fish and game laws; and
5 Marine Species; Search and Seizure. Amend RSA 211:75, I to read as follows:
I. To search without a warrant [and examine] any person or any boat, conveyance, vehicle, box, bag, locker, traps, crate or other receptacle or container for marine species, when the conservation officer has [reasonable and articulable suspicion] probable cause to believe that marine species taken contrary to the provisions of this chapter are concealed thereon or therein.
6 Marine Species; Search and Seizure. Amend RSA 211:75, III to read as follows:
III. Pursuant to a warrant based on probable cause, to seize and take possession of any marine species which have been caught, taken or killed or had in possession or under control or which have been shipped or are about to be shipped at any time, in any manner, or for any purpose, contrary to the laws of this state.
7 Effective Date. This act shall take effect 60 days after its passage.