Revision: June 15, 2021, 1:49 p.m.
June 15, 2021
2021-1985-CofC
04/05
Committee of Conference Report on SB 40, relative to informed consent to search a motor vehicle and amending the statutory requirements for a search warrant.
Recommendation:
That the Senate recede from its position of nonconcurrence with the House amendment, and
That the House recede from its position in adopting its amendment to the bill, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend RSA 595-A:10 as inserted by section 1 of the bill by inserting after paragraph IV the following new paragraphs:
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 Cor 306.
The signatures below attest to the authenticity of this Report on SB 40, relative to informed consent to search a motor vehicle and amending the statutory requirements for a search warrant.
Conferees on the Part of the Senate Conferees on the Part of the House
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Sen. Carson, Dist. 14 Rep. Welch, Rock. 13
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Sen. French, Dist. 7 Rep. Roy, Rock. 32
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Sen. Kahn, Dist. 10 Rep. Wallace, Rock. 12
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Rep. Harriott-Gathright, Hills. 36
2021-1985-CofC
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.