Revision: May 15, 2023, 4:14 p.m.
Rep. T. Mannion, Hills. 1
May 15, 2023
2023-1835h
07/10
Floor Amendment to SB 58
Amend the bill by replacing section 1 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; or
(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
(d) A peace officer is justified in arresting any person in the care of an emergency medical care provider, as defined in RSA 153-A:3, that he or she has probable cause 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.
2023-1835h
AMENDED ANALYSIS
This bill allows for a peace officer to arrest without a warrant any person believed to have committed certain offenses against emergency medical care providers.