Revision: Dec. 2, 2019, 11:49 a.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.