Bill Text - HB485 (2021)

(New Title) relative to informed consent to search a motor vehicle and amending the statutory requirements for a search warrant; relative to prohibiting certain uses of laser pointing devices, and relative to various civil actions and criminal liability.


Revision: April 29, 2021, 12:59 p.m.

HB 485 - AS AMENDED BY THE SENATE

 

7Apr2021... 0409h

04/29/2021   1173s

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Apr2021... 0409h

04/29/2021   1173s 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  Consent to Search; Right to Refuse Consent.

I.  Before an officer attempts to conduct a 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 the search without penalty.  If the person consents to the search, the officer shall first document the person's consent either in writing or by audio recording, and then may conduct the search. A person's refusal to consent to the search shall not be used to establish 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.  An officer who fails to comply with the requirements of this paragraph, but proceeds with a search shall, as a matter of law, be conducting a search without consent.

II.  This section shall not preclude searches incident to arrest, those searches allowed under the United States Constitution for officer safety, on any grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the department of corrections, 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.