HB485 (2021) Detail

Requiring law enforcement officers to inform a person of their right to refuse a consensual search.


HB 485  - AS INTRODUCED

 

 

2021 SESSION

21-0626

08/04

 

HOUSE BILL 485

 

AN ACT requiring law enforcement officers to inform a person of their right to refuse a consensual search.

 

SPONSORS: Rep. Roy, Rock. 32; Rep. Abramson, Rock. 37; Rep. Andrew Bouldin, Hills. 12; Rep. Fellows, Graf. 8; Rep. Klein-Knight, Hills. 11; Rep. Potucek, Rock. 6; Rep. Avellani, Carr. 5; Rep. Binford, Graf. 15; Rep. Moran, Hills. 34; Rep. B. King, Hills. 23

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires a law enforcement officer to inform a person of their right to refuse a consensual search before conducting a consensual search.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0626

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring law enforcement officers to inform a person of their right to refuse a consensual search.

 

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

 

1  New Section; Right to Refuse a Consensual Search.  Amend RSA 595-A by inserting after section 9 the following new section:

595-A:10  Right to Refuse a Consensual Search. Before an officer attempts to conduct a consensual search of a person, his or her vehicle, home, or other property, the officer shall inform such person of his or her right to refuse such a search without a penalty. Such refusal shall not be used in establishing probable cause for a warrantless search or in an application for a search warrant, nor shall it be used to further extend any stop or interaction with a member of the public, provided all other lawful reasons for the stop or interaction have been concluded. This section shall not preclude searches incident to arrest, those searches allowed under the United States Constitution for officer safety, or inventory searches of lawfully seized property, including but not limited to vehicles towed in conjuction to the arrest of the operator.

2  Effective Date.  This act shall take effect 60 days after its passage.

Links

HB485 at GenCourtMobile
HB485 Discussion

Action Dates

Date Body Type
Feb. 17, 2021 House Hearing

Bill Text Revisions

HB485 Revision: 31803 Date: Jan. 10, 2021, 2:03 p.m.

Docket


Feb. 17, 2021: Public Hearing: 02/17/2021 11:45 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98063742762 / 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. 50