HB1217 (2020) Detail

Requiring police officers to report misconduct.


HB 1217 - AS INTRODUCED

 

 

2020 SESSION

20-2381

08/04

 

HOUSE BILL 1217

 

AN ACT requiring police officers to report misconduct.

 

SPONSORS: Rep. Burt, Hills. 39; Rep. Sylvia, Belk. 6; Rep. Potucek, Rock. 6; Rep. Forsythe, Merr. 8; Rep. Craig, Coos 4; Rep. Prout, Hills. 37; Rep. McNally, Straf. 10; Rep. Desilets, Rock. 7; Rep. Balch, Hills. 38; Rep. True, Rock. 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires law enforcement officers to report misconduct by other law enforcement officers.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2381

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT requiring police officers to report misconduct.

 

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

 

1  New Subdivision; Reports of Misconduct by Law Enforcement Officers.  Amend RSA 105 by inserting after section 18 the following new subdivision:

Reports of Misconduct by Law Enforcement Officers

105:19  Reports of Misconduct by Law Enforcement Officers.

I.  For the purposes of this section, "misconduct" means assault, sexual assault, bribery, fraud, theft, tampering with evidence, or tampering with a witness.

II.  It shall be the duty of any law enforcement officer who observes misconduct by another law enforcement officer to notify the chief law enforcement officer in his or her department in writing within 7 days of observing such misconduct.  Within 7 days of receiving such notification, the chief law enforcement officer shall notify the attorney general of such misconduct in writing.  If the chief law enforcement officer is the subject of the misconduct report, the reporting officer shall report directly to the attorney general.

III.  No discriminatory, disciplinary, or retaliatory action shall be taken against any officer by any employee of a law enforcement agency for any information given or disclosed by him or her in good faith in the course of making a report of misconduct under paragraph II.

IV.  After 6 months from the filing of the report of misconduct with the attorney general, any records pertaining to the attorney general's investigation may be made available to the public pursuant to RSA 91-A.

V.  Anyone who knowingly violates any provision of this section shall be guilty of a misdemeanor.

2  Effective Date.  This act shall take effect January 1, 2021.

Links

HB1217 at GenCourtMobile
HB1217 Discussion

Action Dates

Date Body Type
March 3, 2020 House Hearing
March 3, 2020 House Exec Session
March 4, 2020 House Exec Session

Bill Text Revisions

HB1217 Revision: 6842 Date: Dec. 2, 2019, 11:49 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 14
March 3, 2020 Public Hearing: 03/03/2020 11:30 am LOB 204
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 204
March 4, 2020 ==CONTINUED== Executive Session: 03/04/2020 10:00 am LOB 204 (if necessary)