Revision: Dec. 20, 2019, 10:58 a.m.
SB 470 - AS INTRODUCED
2020 SESSION
20-2881
08/04
SENATE BILL 470
SPONSORS: Sen. French, Dist 7; Sen. Hennessey, Dist 5; Rep. Rodd, Merr. 6; Rep. Welch, Rock. 13
COMMITTEE: Judiciary
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ANALYSIS
This bill requires the reporting of law enforcement misconduct to the police standards and training council.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2881
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Mandatory Reporting of Law Enforcement Misconduct. Amend RSA 105 by inserting after section 18 the following new subdivision:
Mandatory Reporting of Law Enforcement Misconduct
105:19 Definitions. In this subdivision:
I. "Substantial" means conduct that raises a question as to that member of law enforcement's honesty, trustworthiness, or fitness as a law enforcement officer or corrections officer. "Substantial" shall also mean the seriousness of the possible offense and not the quantum of evidence of which the reporting member of law enforcement is aware.
II. "Report" means a written and signed document detailing the behavior that the reporting officer believes raises a substantial question as to another officer's fitness to be a law enforcement officer or corrections officer.
105:20 Mandatory Reporting of Law Enforcement Misconduct.
I. A member of law enforcement who has a reasonable belief that another member of law enforcement has engaged in behavior that is a substantial violation of the police standards and training rules shall submit a report to the New Hampshire police standards and training council. If the subject of the report serves on the council, or if the reporting person fears retribution, the reporting person shall report to the attorney general. The provisions of RSA 275-E shall apply to any such report.
II. Behavior that shall be reported includes, but is not limited to:
(a) Conduct involving dishonesty, fraud, or attempted deception regarding an application, examination, or other document for securing employment, eligibility, or certification;
(b) Conduct involving misrepresentation or tampering with official records or reports, tampering with witnesses or falsifying evidence; and
(c) Other conduct that would adversely reflect on a person's fitness to perform law enforcement or corrections duties, including but not limited to:
(1) Excessive or illegal use of force.
(2) Intoxication while on duty.
(3) Sale or use of illegal controlled substances.
(4) Driving or operating while under the influence of intoxicating drugs or alcohol.
(5) Domestic abuse.
(6) Sexual harassment.
(7) Stalking or criminal violations of a protective order.
(8) Slanderous use of confidential information.
(9) Bribery or acceptance of illegal gratuities.
(10) Theft or misappropriation of funds or property.
(11) Child abuse.
(12) Perjury.
(13) Assault.
(14) Disorderly conduct.
III. Willful failure to report such conduct may serve as just cause for suspension or revocation of the certification of the law enforcement or corrections officer who willfully failed to report such conduct.
2 Effective Date. This act shall take effect 60 days after its passage.