Bill Details - HB218 (2019)

HB 218 - AS INTRODUCED

 

 

2019 SESSION

19-0307

04/06

 

HOUSE BILL 218

 

AN ACT relative to the use of deadly force by a law enforcement officer.

 

SPONSORS: Rep. True, Rock. 4; Rep. Spillane, Rock. 2; Rep. Wuelper, Straf. 3; Rep. Abramson, Rock. 20

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill removes the legal authority for a law enforcement officer to use deadly force in effecting an arrest.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0307

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to the use of deadly force by a law enforcement officer.

 

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

 

1  Physical Force in Law Enforcement.  Amend RSA 627:5, II to read as follows:

II.  A law enforcement officer is justified in using deadly force only when [he] the officer reasonably believes such force is necessary:

(a)  To defend himself or herself or a third person from what [he] the officer reasonably believes is the imminent use of deadly force; or

(b)  To [effect an arrest or] prevent the escape from custody of a person whom [he] the officer reasonably believes:

(1)  Has committed or is committing a felony involving the use of force or violence, is using a deadly weapon in attempting to escape, or otherwise indicates that [he] the person is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay; and

(2)  [He] The officer had made reasonable efforts to advise the person that he or she is a law enforcement officer [attempting to effect an arrest] and has reasonable grounds to believe that the person is aware of these facts.

(c)  Nothing in this paragraph constitutes justification for conduct by a law enforcement officer amounting to an offense against innocent persons whom [he] the officer is not seeking to [arrest or] retain in custody.

2  Repeal.  RSA 627:5, VIII, relative to the use of deadly force by a law enforcement officer in effecting an arrest, is repealed.  

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

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Criminal Justice and Public Safety HJ 2 P. 41
Jan. 9, 2019 Public Hearing: 01/09/2019 02:00 pm LOB204
Jan. 16, 2019 ==CANCELLED== Public Hearing: 01/16/2019 02:30 pm LOB 204
Jan. 17, 2019 ==CANCELLED== Executive Session: 01/17/2019 11:00 am LOB 204
Jan. 22, 2019 Full Committee Work Session: 01/22/2019 11:00 am LOB 204
Jan. 29, 2019 Subcommittee Work Session: 01/29/2019 09:30 am LOB 104
Jan. 30, 2019 ==CANCELLED== Executive Session: 01/30/2019 10:00 am LOB 204
Feb. 7, 2019 ==RESCHEDULED== Executive Session: 02/07/2019 10:00 am LOB 204
Feb. 27, 2019 Committee Report: Inexpedient to Legislate for 02/27/2019 (Vote 18-1; RC) HC 13 P. 27
Committee Report: Inexpedient to Legislate (Vote 18-1; RC)
Feb. 28, 2019 Inexpedient to Legislate: MA RC 277-62 02/28/2019 HJ 7 P. 49

Action Dates

Date Body Type
Jan. 9, 2019 House Hearing
Jan. 16, 2019 House Hearing
Jan. 17, 2019 House Exec Session
Jan. 30, 2019 House Exec Session
Feb. 7, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB218 Revision: 4427 Date: Dec. 27, 2018, 11:30 a.m.