Revision: Jan. 12, 2021, 4:12 p.m.
SB 40 - AS INTRODUCED
2021 SESSION
21-0581
04/08
SENATE BILL 40
AN ACT relative to informed consent to search a motor vehicle.
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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ANALYSIS
This bill permits a warrantless search of a motor vehicle with the informed consent of the motor vehicle operator.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0581
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.
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
2 Effective Date. This act shall take effect 60 days after its passage.