Revision: Dec. 23, 2022, 2:53 p.m.
HB 135-FN - AS INTRODUCED
2023 SESSION
23-0011
04/08
HOUSE BILL 135-FN
AN ACT prohibiting no-knock warrants.
SPONSORS: Rep. Schultz, Merr. 29; Rep. Santonastaso, Ches. 18; Rep. Bailey, Straf. 2
COMMITTEE: Criminal Justice and Public Safety
-----------------------------------------------------------------
ANALYSIS
This bill prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0011
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT prohibiting no-knock warrants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Search Warrants; Requisites of Warrant; No-Knock Warrants Prohibited. Amend RSA 595-A:2 to read as follows:
595-A:2 Requisites of Warrant.
I. Search warrants shall designate or describe the person, building, vessel, or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in RSA 595-A:3 and shall be directed to a sheriff or his deputy or to a constable or police officer, commanding him to search in the daytime, or if the warrant so directs, in the nighttime, the person, building, vessel, or vehicle where the property or articles for which he is required to search are believed to be concealed, and to bring such property or articles when found, and the persons in whose possession they are found, before any circuit or superior court named therein.
II.(a) No law enforcement officer shall seek, execute, or participate in the execution of a no-knock search warrant. Any law enforcement officer involved in executing a search warrant shall be recognizable and identifiable as a uniformed law enforcement officer and provide audible notice of the officer's authority and purpose reasonably expected to be heard by occupants of such place to be searched prior to the execution of such search warrant. The executing officer shall, before entering the premises, give appropriate notice of the identity, authority, and purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched. The officer may break open any outer door, inner door, window or any part of a house, or anything therein, to execute the warrant if, after due notice of the officer’s authority and purpose, the officer is refused admittance to the house or access to anything therein. No evidence obtained from a search warrant in violation of this paragraph shall be admitted into evidence for the state in any prosecution.
(b) In this paragraph, a "no-knock search warrant" is a warrant authorizing a law enforcement officer to enter a premises to execute a warrant without first knocking or announcing his or her presence.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0011
10/25/22
HB 135-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting no-knock warrants.
FISCAL IMPACT: [ ] State [ X ] County [ X ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
COUNTY: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
|
|
|
|
|
LOCAL: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant.
The New Hampshire Municipal Association indicates no-knock warrants rely on the tactic of speed to avoid destruction of evidence or harm to officers or others. The inability to rely on speed as an appropriate tactic would require officers to rely on other tactics to minimize the risk of destruction of evidence or harm to officers or others. It is impossible to estimate the cost of any individual tactic in policing as the use of a given tactic and its appropriateness result depends on the particular circumstances. Given the likelihood of officers finding it necessary to wait for an additional period of time in order to avoid destruction of evidence or harm to themselves or others, it is likely that some additional costs in the form of hours of observation, including overtime, will be required. The Association indicates any such costs are indeterminable and would depend on the number of search warrants to be executed and the options available to officers during the valid period of execution.
The New Hampshire Association of Counties contacted all of the county Sheriffs who indicated there was no way to determine the number of no-knock warrants they may be asked to participate in and, therefore they cannot determine the fiscal impact.
The Department of Safety, Division of State Police indicates this bill would have no fiscal impact to the Department.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Department of Safety, New Hampshire Municipal Association and New Hampshire Association of Counties