HB66 (2021) Detail

Relative to the use of deadly force by a law enforcement officer.


HB 66  - AS INTRODUCED

 

 

2021 SESSION

21-0026

04/06

 

HOUSE BILL 66

 

AN ACT relative to the use of deadly force by a law enforcement officer.

 

SPONSORS: Rep. True, Rock. 4; Rep. Edwards, Rock. 4; Rep. Greene, Hills. 37

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill removes the legal authority for a law enforcement officer to use deadly force in effecting an arrest.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0026

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the use of deadly force by a law enforcement officer.

 

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

 

1  Physical Force in Law Enforcement.  Amend RSA 627:5, II to read as follows:

II.  A law enforcement officer is justified in using deadly force only when [he] the officer reasonably believes such force is necessary:

(a)  To defend himself or herself or a third person from what [he] the officer reasonably believes is the imminent use of deadly force; or

(b)  To [effect an arrest or] prevent the escape from custody of a person whom [he] the officer reasonably believes:

(1)  Has committed or is committing a felony involving the use of force or violence, is using a deadly weapon in attempting to escape, or otherwise indicates that [he] the person is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay; and

(2)  [He] The officer had made reasonable efforts to advise the person that he or she is a law enforcement officer [attempting to effect an arrest] and has reasonable grounds to believe that the person is aware of these facts.

(c)  Nothing in this paragraph constitutes justification for conduct by a law enforcement officer amounting to an offense against innocent persons whom [he] the officer is not seeking to [arrest or] retain in custody.

2  Repeal.  RSA 627:5, VIII, relative to the use of deadly force by a law enforcement officer in effecting an arrest, is repealed.  

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

Links


Date Body Type
Feb. 5, 2021 House Hearing
House Floor Vote
Feb. 5, 2021 House Hearing

Bill Text Revisions

HB66 Revision: 31363 Date: Jan. 4, 2021, 10:35 a.m.

Docket


Feb. 26, 2021: Minority Committee Report: Ought to Pass


: Minority Committee Report: Ought to Pass


Feb. 26, 2021: Majority Committee Report: Inexpedient to Legislate (Vote 14-7; RC) HC 18 P. 67


: Majority Committee Report: Inexpedient to Legislate (Vote 14-7; RC) HC 18 P. 67


: Majority Committee Report: Inexpedient to Legislate (Vote 14-7; RC)


Jan. 28, 2021: Public Hearing: 02/05/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98584313159 / Executive session on pending legislation may be held throughout theday (time permitting) from the time the committee is initially convened.


Feb. 5, 2021: Public Hearing: 02/05/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98584313159 / Executive session on pending legislation may be held throughout theday (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. 34


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Criminal Justice and Public Safety


Jan. 4, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 34