Amendment 2023-1490h to SB58 (2023)

Relative to arrests without a warrant while in the care of a medical professional on the premises of a residential care or health care facility.


Revision: May 3, 2023, 12:01 p.m.

Rep. Meuse, Rock. 37

April 25, 2023

2023-1490h

07/08

 

 

Amendment to SB 58

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  Arrests in Criminal Cases; Arrest Without a Warrant.  Amend RSA 594:10, I to read as follows:

I. An arrest by a peace officer without a warrant on a charge of a misdemeanor or a violation is lawful whenever:

(a) [He] The peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation in [his] the peace officer's presence; or

(b) [He] The peace officer has probable cause to believe that the person to be arrested has within the past 12 hours committed abuse as defined in RSA 173-B:1, I against a person eligible for protection from domestic violence as defined in RSA 173-B:1, has within the past 12 hours violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16 by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last 12 hours violated stalking provisions under RSA 633:3-a.

(c) [He] The peace officer has probable cause to believe that the person to be arrested has committed a misdemeanor or violation, and, if not immediately arrested, such person will not be apprehended, will destroy or conceal evidence of the offense, [or] will cause further personal injury or damage to property, or, while in the care of a medical professional on the premises of a residential care or health care facility as defined in RSA 151:2, through actual or threatened violence, interfere in the provision of heath care services that a licensed medical professional has determined to be medically necessary.

2  Effective Date.  This act shall take effect upon its passage.

2023-1490h

AMENDED ANALYSIS

 

This bill authorizes a law enforcement officer to arrest a person without a warrant for interfering with the provision of medically-necessary health care services.