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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 reasonably believes such force is necessary:
(a) To defend himself or a third person from what he 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 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 is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay; and
(2) He had made reasonable efforts to advise the person that he 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 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 RSA 627:5, VIII, relative to the use of deadly force by a law enforcement officer in effecting an arrest, is repealed.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.
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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 the officer reasonably believes such force is necessary:
(a) To defend himself or herself or a third person from what the officer reasonably believes is the imminent use of deadly force; or
(b) To prevent the escape from custody of a person whom 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 the person is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay; and
(2) The officer had made reasonable efforts to advise the person that he or she is a law enforcement officer 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 the officer is not seeking to 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.