Bill Text - 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: Jan. 12, 2023, 1:26 p.m.

SB 58  - AS INTRODUCED

 

 

2023 SESSION

23-0797

04/07

 

SENATE BILL 58

 

AN ACT 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.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

AN ACT 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.

 

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.