HB365 (2021) Detail

Giving peace officer status to federal law enforcement officers.


HB 365  - AS INTRODUCED

 

 

2021 SESSION

21-0295

08/04

 

HOUSE BILL 365

 

AN ACT giving peace officer status to federal law enforcement officers.

 

SPONSORS: Rep. J. Schmidt, Hills. 28; Rep. Shurtleff, Merr. 11

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill allows federal law enforcement officers to be certified by the commissioner of the department of safety for the purpose of making arrests.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0295

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT giving peace officer status to federal law enforcement officers.

 

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

 

1  Peace Officers; Inclusion of Federal Officers.  Amend RSA 594:1, III to read as follows:

III. "Officer" or "peace officer" is any sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under RSA 110-B:6, certified border patrol agent as defined in RSA 594:26, I, certified federal law enforcement officer as defined in RSA 594:27, or other person authorized to make arrests in a criminal case.

2  New Subdivision; Certified Federal Law Enforcement Officers.  Amend RSA 594 by inserting after section 26 the following new subdivision:

Certified Federal Law Enforcement Officers

594:27  Certified Federal Law Enforcement Officers; Powers of Arrest.

I. For purposes of this section, "a certified federal law enforcement officer" means a federal law enforcement officer who:

(a) Is employed as a law enforcement officer of the federal government as an officer or inspector of the U.S. Customs Service of the Department of the Treasury or the U.S. Department of Justice, including the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms, and the U. S. Marshalls; and

(1) Has satisfactorily completed a course of study in New Hampshire laws and criminal procedures approved by the police standards and training council, at the expense of the officer's agency;

(2) Has been certified by the commissioner of the department of safety pursuant to paragraph II; and

(3) Has taken an oath administered by the commissioner of the department of safety or by the commissioner's designee to uphold the constitution of the state of New Hampshire.

II. The executive director of the police standards and training council shall certify a federal law enforcement officer who applies for certification if the officer satisfies the employment and study requirements listed in paragraph I. A certification under this subdivision shall automatically terminate immediately upon the officer's suspension or termination of employment from the federal agency in which he or she was employed at the time the certification occurred.

III. A certified federal law enforcement officer is authorized to make an arrest for violation of New Hampshire laws anywhere within the state if the officer determines that it is necessary to do any of the following:

(a) Protect an individual in the presence of the officer from the imminent infliction of serious bodily injury.

(b) Provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury.

(c) Prevent the escape of any individual whom the officer reasonably believes has committed a crime in the presence of the officer.

(d) Prevent the escape of any individual whom the officer reasonably believes has committed a felony under New Hampshire law.

IV. A certified federal law enforcement officer who makes an arrest under this section shall report the arrest, without delay, to the nearest New Hampshire state police barracks.

V. A certified federal law enforcement officer who makes an arrest under the authority of this section shall have the same immunity from liability that a state or municipal law enforcement officer has under the laws of this state.

VI. The state of New Hampshire shall not be responsible for employment benefits, supervision, and defense of the certified border patrol agent, including when exercising authority under this section. This section is not intended to limit existing authority of federal officers under federal law or to interfere with the performance of federal duties by federal officers.

3 Police Standards and Training Council; Power to Certify Federal Law Enforcement Officers.  Amend RSA 106-L:5,V to read as follows:

V. Certify persons as being qualified under the provisions of this chapter to be police officers, state corrections officers, state probation-parole officers, certified border patrol agents or for the purposes of RSA 594:26, certified federal law enforcement officers for the purposes of RSA 594:27, and establish rules under RSA 541-A for the suspension or revocation of the certification of such persons in the case of egregious misconduct or failure to comply with council standards.

4  Effective Date.  This act shall take effect July 1, 2021.

Links

HB365 at GenCourtMobile
HB365 Discussion

Action Dates

Date Body Type
Feb. 8, 2021 House Hearing
House Floor Vote

Bill Text Revisions

HB365 Revision: 31680 Date: Jan. 9, 2021, 7:54 p.m.

Docket


Feb. 25, 2021: Inexpedient to Legislate: MA RC 260-89 02/25/2021


: Inexpedient to Legislate MA RC 260-89 02/25/2021


: Minority Committee Report: Ought to Pass


: Majority Committee Report: Inexpedient to Legislate (Vote 17-4; RC) HC 12 P. 25


Feb. 8, 2021: Public Hearing: 02/08/2021 09:45 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95686681680 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 45