SB40 (2021) Detail

(New Title) relative to informed consent to search a motor vehicle and amending the statutory requirements for a search warrant.


CHAPTER 196

SB 40 - FINAL VERSION

 

03/18/2021   0757s

06/24/2021   1985CofC

06/24/2021   2077EBA

 

 

2021 SESSION

21-0581

04/08

 

SENATE BILL 40

 

AN ACT relative to informed consent to search a motor vehicle and amending the statutory requirements for a search warrant.

 

SPONSORS: Sen. French, Dist 7; Sen. Avard, Dist 12; Sen. Gannon, Dist 23; Sen. Reagan, Dist 17; Sen. Rosenwald, Dist 13; Sen. D'Allesandro, Dist 20; Sen. Ward, Dist 8

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill permits a warrantless search of a motor vehicle with the informed consent of the motor vehicle operator.  The bill also amends the statutory requirements for a search warrant to allow consistency with the requirements for electronic warrants and requires that any person on the grounds of a department of corrections facility shall be subject to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/18/2021   0757s

06/24/2021   1985CofC

06/24/2021   2077EBA 21-0581

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to informed consent to search a motor vehicle and amending the statutory requirements for a search warrant.

 

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

 

196:1  New Section; Search Warrants; Informed Consent Exception for Motor Vehicles.  Amend RSA 595-A by inserting after section 9 the following new section:

595-A:10  Informed Consent Exception for Motor Vehicles.  

I.  A law enforcement officer may legally conduct a search of a motor vehicle without a warrant under this chapter if the law enforcement officer expressly informs the operator of the motor vehicle that:

(a)  The operator has the right to refuse to consent to a search;

(b)  Any refusal to consent to a search shall not constitute a basis either for probable cause to arrest the operator or reasonable suspicion to detain the operator;

(c)  The operator cannot be charged with any crime or violation for refusing to consent to a search; and

(d)  The operator cannot be further detained for refusing to consent to a search.

II.  If the operator of a motor vehicle refuses to consent to a search, the law enforcement officer shall cease any further questioning concerning consent to a search.

III.  A law enforcement officer shall document any consent to search either by the signature of the motor vehicle operator on a consent-to-search form providing notice of the provisions of paragraphs I and II at the time of the consent, or by means of a video and sound recording of the consent at the time of the consent.  Such form or video and sound recording shall be retained until any criminal charge resulting from the consent to search is fully resolved.

IV.  Any act of a law enforcement officer which violates a provision of this section shall result in the inadmissibility in any criminal proceeding of any evidence of obtained by the law enforcement officer.

V.  This section shall not preclude searches incident to arrest; searches allowed under the United States Constitution for officer safety; searches on any grounds, lands, or parking areas of any state or county 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 conjunction with the arrest of the operator.

VI.  Any person on prison grounds or in a department of corrections facility, regardless of whether such person is a resident, visitor, staff, or anyone identified in some other category, shall be subject to search without warning of their vehicle, possessions, and person pursuant to administrative rule Cor 306.

196:2  Search Warrants; Form of Warrant; Written Statement Under Oath.  Amend RSA 595-A:3 and 595-A:4 to read as follows:

595-A:3  Form of Warrant.  The warrant shall be in substantially the following form:

The State of New Hampshire

(County), ss. (Name) Court.

To the Sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town, within our said State.

Proof by [affidavit] written statement under oath (supplemented by oral statements under oath) having been made this day before (name of person authorized to issue warrant) by (names of person or persons whose [affidavits] written statements under oath have been taken) that there is probable cause for believing that (certain property has been stolen, embezzled, or fraudulently obtained; certain property is intended for use or has been used as the means of committing a crime; contraband; evidence of the crime to which the probable cause upon which the search warrant is issued relates.)

We therefore command you in the daytime (or at any time of the day or night) to make an immediate search of (identify premises) (occupied by A.B.) and (of the person of A.B.) and of any person present who may be found to have such property in his possession or under his control or to whom such property may have been delivered, for the following property:

(description of property)

and if you find any such property or any part thereof to bring it and the persons in whose possession it is found before (name of court and location).

Dated at (city or town) this .......... day of .........., 20......

595-A:4  [Affidavit] Written Statement Under Oath in Support of Application for Warrant; Contents and Form.  

A person seeking a search warrant shall appear [personally] before a court or justice authorized to issue search warrants in criminal cases and shall give [an affidavit] a written statement under oath in substantially the form hereinafter prescribed.  Such [affidavit] written statement under oath shall contain facts, information, and circumstances upon which such person relies to establish probable cause for the issuance of the warrant and such [affidavit] written statement under oath may be supplemented by oral statements under oath for the establishment of probable cause.  The person issuing the warrant shall retain the [affidavit] written statement under oath and shall make notes, personally, of the substance, or arrange for a transcript, of any oral statements under oath supplementing the [affidavit] written statement under oath.  The person issuing the search warrant shall deliver the [affidavit] written statement under oath and the notes or transcript within 3 days after the issuance of the warrant to the court to which the warrant is returnable.  Upon the return of said warrant, the [affidavit] written statement under oath and the notes or transcript shall be attached to it and shall be filed therewith, and they shall be a public document when the warrant is returned, unless otherwise ordered by a court of record.

The [affidavit] written statement under oath in support of the application for a search warrant shall be in substantially the following form:

The State of New Hampshire

(County), ss. (Name) Court.

 .................., 20......

I, (name of applicant) being duly sworn, depose and say:

1.  I am (describe position, assignment, office, etc.).

2.  I have information, based upon (describe source, facts indicating reliability of source and nature of information; if based on personal knowledge, so state).

3.  Based upon the foregoing reliable information (and upon my personal knowledge) there is probable cause to believe that the property hereinafter described (has been stolen, etc.) and may be found (in the possession of A.B. or any other person) at premises (identify).

4.  The property for which I seek the issuance of a search warrant is the following: (here describe the property as particularly as possible).

Wherefore, I request that the court issue a warrant and order of seizure, authorizing the search of (identify premises and the persons to be searched) and directing that if such property or evidence or any part thereof be found that it be seized and brought before the court; together with such other and further relief that the court may deem proper.

.................................................

Name

[Then personally appeared the above named .......... and made oath that the foregoing affidavit by him subscribed is true.

Before me this .......... day of .........., 20......]

Return

I received the attached search warrant on .........., 20....., and have executed it as follows:

On .........., 20....., at .......... o'clock ... M, I searched (the person) (the premises) described in the warrant and I left a copy of the warrant with (name of person searched or owner) at (the place of search) together with a receipt for the items seized.

The following is an inventory of property taken pursuant to the warrant:

This inventory was made in the presence of .......... and ..........

I swear that this inventory is a true and detailed account of all the property taken by me on the warrant ....................  

[Subscribed and sworn to and returned before me this .......... day of .........., 20......]

...................................  

[Justice of the Court] Name

Signed under penalty of perjury, the penalty for which may include a fine or imprisonment or both.

196:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: August 10, 2021

Effective Date: October 09, 2021

Links


Date Body Type
Jan. 19, 2021 Senate Hearing
March 18, 2021 Senate Floor Vote
April 21, 2021 House Hearing
May 10, 2021 House Exec Session
House Floor Vote
June 10, 2021 House Floor Vote
June 24, 2021 House Floor Vote
June 24, 2021 Senate Floor Vote
Jan. 19, 2021 Senate Hearing
March 18, 2021 Senate Floor Vote
April 21, 2021 House Hearing
May 10, 2021 House Exec Session
June 10, 2021 House Floor Vote
June 24, 2021 House Floor Vote
June 24, 2021 Senate Floor Vote

Bill Text Revisions

SB40 Revision: 32901 Date: Aug. 12, 2021, 2:58 p.m.
SB40 Revision: 32777 Date: July 21, 2021, 10:54 a.m.
SB40 Revision: 33650 Date: July 19, 2021, 11:04 a.m.
SB40 Revision: 33651 Date: June 15, 2021, 1:49 p.m.
SB40 Revision: 32575 Date: June 3, 2021, 9:47 a.m.
SB40 Revision: 33652 Date: May 27, 2021, 9:10 a.m.
SB40 Revision: 32195 Date: March 18, 2021, 12:28 p.m.
SB40 Revision: 33653 Date: March 10, 2021, 1:44 p.m.
SB40 Revision: 31920 Date: Jan. 12, 2021, 4:12 p.m.

Docket


Aug. 10, 2021: Signed by the Governor on 08/10/2021; Chapter 0196; Effective 10/09/2021


Aug. 16, 2021: Signed by the Governor on 08/10/2021; Chapter 0196; Effective 10/09/2021


June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20


July 28, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20


June 24, 2021: Enrolled (in recess of) 06/24/2021


July 28, 2021: Enrolled (in recess of) 06/24/2021


June 24, 2021: Enrolled Bill Amendment # 2021-2077e Adopted, VV, (In recess of 06/24/2021); SJ 20


July 21, 2021: Enrolled Bill Amendment # 2021-2077e Adopted, VV, (In recess of 06/24/2021); SJ 20


June 24, 2021: Enrolled Bill Amendment # 2021-2077e: AA VV (in recess of) 06/24/2021


July 20, 2021: Enrolled Bill Amendment # 2021-2077e: AA VV (in recess of) 06/24/2021


June 24, 2021: Conference Committee Report # 2021-1985c, Adopted, VV; 06/24/2021; SJ 20


June 24, 2021: Conference Committee Report # 2021-1985c, Adopted, VV; 06/24/2021; SJ 20


June 24, 2021: Conference Committee Report 2021-1985c: Adopted, VV 06/24/2021


June 24, 2021: Conference Committee Report 2021-1985c: Adopted, VV 06/24/2021


June 10, 2021: Conference Committee Report # 2021-1985c Filed 06/10/2021; As Amended by the Senate


June 17, 2021: Conference Committee Report # 2021-1985c Filed 06/10/2021; As Amended by the Senate


June 10, 2021: Conferee Change: Rep. Welch Replaces Rep. Abbas 06/10/2021


June 15, 2021: Committee of Conference Meeting: 06/15/2021, 09:00 am, Room 100, SH


June 10, 2021: Conferee Change: Rep. Welch Replaces Rep. Abbas 06/10/2021 HJ 10 P. 22


June 14, 2021: Conferee Change: Rep. Welch Replaces Rep. Abbas 06/10/2021 HJ 10 P. 22


June 15, 2021: Committee of Conference Meeting: 06/15/2021, 09:00 am, Room 100, SH


June 10, 2021: Speaker Appoints: Reps. Abbas, Roy, Wallace, Harriott-Gathright 06/10/2021 HJ 10 P. 15


June 10, 2021: Speaker Appoints: Reps. Abbas, Roy, Wallace, Harriott-Gathright 06/10/2021 HJ 10 P. 15


June 10, 2021: House Accedes to Senate Request for CofC (Rep. Abbas): MA VV 06/10/2021 HJ 10 P. 15


June 10, 2021: House Accedes to Senate Request for CofC (Rep. Abbas): MA VV 06/10/2021 HJ 10 P. 15


June 10, 2021: President Appoints: Senators Carson, French, Kahn; 06/10/2021; SJ 19


June 10, 2021: President Appoints: Senators Carson, French, Kahn; 06/10/2021; SJ 19


June 10, 2021: Sen. Carson Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/10/2021; SJ 19


June 10, 2021: Sen. Carson Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 06/10/2021; SJ 19


June 3, 2021: Ought to Pass with Amendment 2021-1357h: MA VV 06/03/2021 HJ 8 P. 5


June 3, 2021: Ought to Pass with Amendment 2021-1357h: MA VV 06/03/2021 HJ 8 P. 5


June 3, 2021: Amendment # 2021-1357h: AA VV 06/03/2021 HJ 8 P. 5


June 3, 2021: Amendment # 2021-1357h: AA VV 06/03/2021 HJ 8 P. 5


: Committee Report: Ought to Pass with Amendment # 2021-1357h (Vote 18-3; CC) HC 26 P. 5


May 27, 2021: Committee Report: Ought to Pass with Amendment # 2021-1357h (Vote 18-3; CC) HC 26 P. 5


May 10, 2021: Executive Session: 05/10/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/97305033264


May 10, 2021: Executive Session: 05/10/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/97305033264


April 21, 2021: Public Hearing: 04/21/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93366148832 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


April 14, 2021: Public Hearing: 04/21/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93366148832 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


March 31, 2021: Introduced (in recess of) 02/25/2021 and referred to Criminal Justice and Public Safety HJ 4 P. 50


Feb. 25, 2021: Introduced (in recess of) 02/25/2021 and referred to Criminal Justice and Public Safety HJ 4 P. 50


March 18, 2021: Ought to Pass with Amendment 2021-0757s, RC 23Y-1N, MA; OT3rdg; 03/18/2021; SJ 8


March 18, 2021: Ought to Pass with Amendment 2021-0757s, RC 23Y-1N, MA; OT3rdg; 03/18/2021; SJ 8


March 18, 2021: Committee Amendment # 2021-0757s, RC 23Y-1N, AA; 03/18/2021; SJ 8


March 18, 2021: Committee Amendment # 2021-0757s, RC 23Y-1N, AA; 03/18/2021; SJ 8


March 11, 2021: Committee Report: Ought to Pass with Amendment # 2021-0757s, 03/18/2021; Vote 5-0; CC; SC 15


March 18, 2021: Committee Report: Ought to Pass with Amendment # 2021-0757s, 03/18/2021; Vote 5-0; CC; SC 15


Jan. 14, 2021: Remote Hearing: 01/19/2021, 01:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 7


Jan. 19, 2021: Remote Hearing: 01/19/2021, 01:00 pm; Links to join the hearing can be found in the Senate Calendar; SC 7


Jan. 6, 2021: Introduced 01/06/2021 and Referred to Judiciary; SJ 3


Jan. 12, 2021: Introduced 01/06/2021 and Referred to Judiciary; SJ 3