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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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