Revision: Jan. 12, 2023, 1:26 p.m.
SB 58 - AS INTRODUCED
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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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 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 medically-necessary health care services.
2 Effective Date. This act shall take effect upon its passage.