HB 282 - AS INTRODUCED
2019 SESSION
19-0576
04/08
HOUSE BILL 282
AN ACT relative to the authority of fish and game officers to search without a warrant.
SPONSORS: Rep. Spillane, Rock. 2; Rep. Janvrin, Rock. 37; Rep. Baldasaro, Rock. 5; Rep. Fowler, Rock. 20; Rep. J. Osborne, Rock. 4; Sen. Reagan, Dist 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires conservation officers to obtain a warrant for conducting certain enforcement operations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0576
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the authority of fish and game officers to search without a warrant.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Conservation Officers; Powers. Amend RSA 206:26, VI to read as follows:
VI. To stop and to search [without], with 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] the conservation officer has probable cause to believe that any wildlife, or any illegal apparatus subject to forfeiture, is concealed thereon or therein;
2 Marine Species; Search and Seizure. Amend RSA 211:75, I to read as follows:
I. To search [without] with 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.
3 Marine Species; Search and Seizure. Amend RSA 211:75, V to read as follows:
V. To board any boat which is on public waters under the jurisdiction of this state with [or without] a warrant, if the conservation officer has [reasonable and articulable suspicion] probable cause to believe that any provisions of the statutes, rules, and regulations relating to the taking of marine species as defined in RSA 207:1 or 211:62 are being or have been violated thereon, for the purpose of enforcing such statutes, rules, and regulations.
4 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Jan. 9, 2019 | House | Hearing |
| Jan. 17, 2019 | House | Exec Session |
| House | Floor Vote | |
| Jan. 31, 2019 | House | Floor Vote |
Jan. 31, 2019: Inexpedient to Legislate: MA RC 235-136 01/31/2019 HJ 4 P. 7
: Minority Committee Report: Ought to Pass
Jan. 31, 2019: Majority Committee Report: Inexpedient to Legislate for 01/31/2019 (Vote 15-5; RC) HC 9 P. 6
: Majority Committee Report: Inexpedient to Legislate (Vote 15-5; RC)
Jan. 17, 2019: Executive Session: 01/17/2019 11:00 am LOB 204
Jan. 9, 2019: Public Hearing: 01/09/2019 02:30 pm LOB204
Jan. 2, 2019: Introduced 01/02/2019 and referred to Criminal Justice and Public Safety HJ 2 P. 44