SB 58 - AS AMENDED BY THE SENATE
03/30/2023 1226s
2023 SESSION
23-0797
04/07
SENATE BILL 58
SPONSORS: Sen. Gray, Dist 6; Sen. Bradley, Dist 3; Sen. Gannon, Dist 23; Sen. Carson, Dist 14; Sen. Rosenwald, Dist 13
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill allows for health care providers to reasonably detain any person believed to have committed certain offenses against health care providers, or patients actively receiving treatment by a health care provider, at a licensed health care facility as long as necessary to surrender the person to a peace officer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/30/2023 1226s 23-0797
04/07
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Code; Justification; Use of Force by Merchants, Motion Picture Theater Owners, and Health Care Providers. Amend RSA 627:8-a to read as follows:
627:8-a Use of Force by Merchants, Motion Picture Theater Owners, and Health Care Providers.
I. A merchant, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of willful concealment, as defined by RSA 637:3-a, on his or her premises as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
II. A motion picture theater owner, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of unauthorized recording in a motion picture theater on his or her premises, as defined by RSA 644:19, as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
III. A health care provider, or his agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed an assault offense, as defined in RSA 631:1, 631:2, 631:2-a, domestic violence as defined in RSA 631:2-b, or criminal threatening as defined in RSA 631:4 against a health care provider or a patient actively receiving treatment by a health care provider, in a health care facility licensed under RSA 151:2, as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
IV. Notwithstanding RSA 594:10, a peace officer may arrest a person who has been detained pursuant to this section, without a warrant, if the peace officer has probable cause to believe that the person has committed the offense [of willful concealment] identified in paragraphs I, II, or III of this section and if the merchant, motion picture theater owner, or health care provider, or his or her agent witnessed the offense or, in the case of paragraph I of this section, if the unlawfully obtained goods or merchandise of the store were recovered from the person.
2 Effective Date. This act shall take effect upon its passage.
| Date | Amendment |
|---|---|
| March 30, 2023 | 2023-1226s |
| March 30, 2023 | 2023-1251s |
| May 3, 2023 | 2023-1490h |
| May 15, 2023 | 2023-1835h |
| May 15, 2023 | 2023-1834h |
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2023 | Senate | Hearing |
| Feb. 23, 2023 | Senate | Floor Vote |
| Feb. 22, 2023 | Senate | Floor Vote |
| March 16, 2023 | Senate | Floor Vote |
| March 16, 2023 | Senate | Floor Vote |
| Senate | Floor Vote | |
| March 30, 2023 | Senate | Floor Vote |
| April 19, 2023 | House | Hearing |
| April 19, 2023 | House | Exec Session |
| May 2, 2023 | House | Exec Session |
| May 2, 2023 | House | Floor Vote |
| April 19, 2023 | House | Hearing |
| April 19, 2023 | House | Exec Session |
| May 2, 2023 | House | Exec Session |
| May 2, 2023 | House | Floor Vote |
Aug. 9, 2023: Signed by the Governor on 08/04/2023; Chapter 0227; Effective 08/04/2023
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
Aug. 9, 2023: Signed by the Governor on 08/04/2023; Chapter 0227; Effective 08/04/2023
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
July 19, 2023: Enrolled (in recess of) 06/29/2023 HJ 17 P. 18
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
June 15, 2023: Sen. Carson Moved to Concur with the House Amendment, MA, VV; 06/15/2023; SJ 19
July 19, 2023: Enrolled (in recess of) 06/29/2023 HJ 17 P. 18
June 15, 2023: Sen. Carson Moved to Concur with the House Amendment, MA, VV; 06/15/2023; SJ 19
June 8, 2023: Ought to Pass with Amendment 2023-1490h: MA VV 06/08/2023 HJ 15 P. 18
June 8, 2023: FLAM # 2023-1835h (Rep. T. Mannion): AF VV 06/08/2023 HJ 15 P. 20
June 8, 2023: Ought to Pass with Amendment 2023-1490h: MA VV 06/08/2023 HJ 15 P. 18
June 8, 2023: FLAM # 2023-1834h (Rep. Hynes): AF DV 43-323 06/08/2023 HJ 15 P. 19
June 8, 2023: FLAM # 2023-1835h (Rep. T. Mannion): AF VV 06/08/2023 HJ 15 P. 20
June 8, 2023: FLAM # 2023-1834h (Rep. Hynes): AF DV 43-323 06/08/2023 HJ 15 P. 19
June 8, 2023: Amendment # 2023-1490h: AA VV 06/08/2023 HJ 15 P. 18
May 15, 2023: Removed from Consent (Reps. Hoell, Layon, Hynes, T. Mannion, Read, Granger, Gerhard, Post, Horrigan, Burnham) 05/15/2023 HJ 15 P. 3
June 8, 2023: Amendment # 2023-1490h: AA VV 06/08/2023 HJ 15 P. 18
May 3, 2023: Committee Report: Ought to Pass with Amendment # 2023-1490h 05/02/2023 (Vote 20-0; CC)
May 15, 2023: Removed from Consent (Reps. Hoell, Layon, Hynes, T. Mannion, Read, Granger, Gerhard, Post, Horrigan, Burnham) 05/15/2023 HJ 15 P. 3
April 26, 2023: ==CONTINUED== Executive Session: 05/02/2023 10:30 am LOB 202-204
May 3, 2023: Committee Report: Ought to Pass with Amendment # 2023-1490h 05/02/2023 (Vote 20-0; CC)
April 26, 2023: ==CONTINUED== Executive Session: 05/02/2023 10:30 am LOB 202-204
April 19, 2023: Subcommittee Work Session: 04/26/2023 10:00 am LOB 206-208
April 19, 2023: Subcommittee Work Session: 04/26/2023 10:00 am LOB 206-208
April 11, 2023: ==RECESSED== Executive Session: 04/19/2023 09:30 am LOB 202-204
April 11, 2023: Public Hearing: 04/19/2023 09:00 am LOB 202-204
April 11, 2023: ==RECESSED== Executive Session: 04/19/2023 09:30 am LOB 202-204
April 7, 2023: Introduced (in recess of) 04/06/2023 and referred to Criminal Justice and Public Safety
April 11, 2023: Public Hearing: 04/19/2023 09:00 am LOB 202-204
March 5, 2023: Ought to Pass with Amendment 2023-1226s, RC 14Y-9N, MA; OT3rdg; 03/30/2023; SJ 12
April 7, 2023: Introduced (in recess of) 04/06/2023 and referred to Criminal Justice and Public Safety
March 30, 2023: Ought to Pass with Amendment 2023-1226s, RC 14Y-9N, MA; OT3rdg; 03/30/2023; SJ 8
March 30, 2023: Ought to Pass with Amendment 2023-1226s, RC 14Y-9N, MA; OT3rdg; 03/30/2023; SJ 12
March 30, 2023: Sen. Gray Floor Amendment # 2023-1226s, RC 13Y-10N, AA; 03/30/2023; SJ 12
March 30, 2023: Sen. Rosenwald Floor Amendment # 2023-1251s, RC 11Y-12N, AF; 03/30/2023; SJ 12
March 30, 2023: Sen. Abbas Moved to Reconsider the vote on: Floor Amendment 2023-1251, MA, VV; 03/30/2023; SJ 12
March 30, 2023: Sen. Gray Withdraws Floor Amendment # 2023-1226s; 03/30/2023; SJ 12
March 30, 2023: Sen. Gray Floor Amendment # 2023-1226s; 03/30/2023; SJ 12
March 30, 2023: Sen. Rosenwald Floor Amendment # 2023-1251s, AF, VV; 03/30/2023; SJ 12
March 30, 2023: Sen. Rosenwald Moved Ought to Pass; 03/30/2023; SJ 12
March 30, 2023: Inexpedient to Legislate, MF, VV; 03/30/2023; SJ 12
March 16, 2023: Committee Report: Inexpedient to Legislate, 03/30/2023; SC 15
March 16, 2023: Committee Report: Ought to Pass with Amendment # 033023s, [&]; SC 15
March 16, 2023: Special Order to 03/30/2023, Without Objection, MA; 03/16/2023 SJ 10
Feb. 28, 2023: Committee Report: Inexpedient to Legislate, 03/16/2023; SC 13
Feb. 22, 2023: Special Order to 03/16/2023, Without Objection, MA; 02/22/2023 SJ 8
Feb. 16, 2023: Committee Report: Inexpedient to Legislate, 02/22/2023; SC 11
Jan. 12, 2023: Hearing: 01/17/2023, Room 100, SH, 01:45 pm; SC 6
Jan. 12, 2023: Introduced 01/05/2023 and Referred to Judiciary; SJ 4