Revision: April 24, 2023, 2:47 p.m.
HB 135-FN - AS AMENDED BY THE HOUSE
22Mar2023... 0684h
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
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AMENDED ANALYSIS
This bill prohibits a law enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant and exceptions thereto.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2023... 0684h 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 night time, 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. No evidence obtained from a search warrant in violation of this paragraph shall be admitted into evidence for the state in any prosecution. This paragraph shall apply to all circumstances with the exception of the following:
(1) If an officer has reasonable grounds to believe at the time the warrant is sought that knocking and announcing the officer's presence would create an imminent threat of physical violence to the officer and/or another person. Prior to seeking judicial authorization for a no-knock entry, an officer must first obtain written approval from the chief law enforcement officer or his or her designee in the municipality or, in the case of any state law enforcement agency, the chief law enforcement officer of the specific agency. The chief law enforcement officer in the municipality or state agency shall make a timely report of the use of any no-knock warrants by his or her agency or department to the head prosecutor for their jurisdiction. Such reports will become a public record once the warrant is returned to the court unless otherwise ordered by the court. Timely notification shall mean within 48 hours. Once judicial authorization is obtained, officers may proceed without knocking and announcing their presence unless they learn of facts that negate the circumstances that justified this exception to the knock and announce rule.
(2) If an officer did not anticipate the need for a no knock entry at the time the warrant was sought, the officer may conduct a no-knock entry only if exigent circumstances arise at the scene such that knocking and announcing the officer’s presence would create an imminent threat of physical violence to the officer and/or another person. If the officer relies on this exigent circumstances exception in executing the warrant, the officer shall immediately notify his or her chief law enforcement officer who shall provide written notice to the district or county attorney, attorney general, or their designee.
(3) If an exceptional circumstance arises, such as, but not limited to, a human trafficking or missing person case where computer evidence leading to the location of victims could be destroyed, where no imminent threat of physical violence is present but an officer believes the evidence is so significant, and the risk of its destruction so pronounced, that a no-knock entry is warranted, judicial authorization for a no-knock warrant may be sought if approval is first obtained from the chief law enforcement officer or his or her designee and the district or county attorney, attorney general, or their designee.
(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
Revised 4/24/23
Amended 4/20/23
HB 135-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0684h)
AN ACT prohibiting no-knock warrants.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
LOCAL: |
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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 and exceptions thereto.
The Judicial Branch indicates this bill would change the procedures for law enforcement when they intend to execute or participate in a no-knock warrant. The Judicial Branch assumes that, in order to implement the obligations under this bill, that it would not be required to change any of its current processes or procedures, nor will it require any modifications to its current warrant application forms or filing procedures. The bill is not expected to have a fiscal impact on the Judicial Branch.
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. 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 the state may see an impact on expenditures where approval for such warrants is sought from an off duty supervisor who may be paid overtime to review the request. The Department states there is no method to determine the costs associated with this bill because there is no way to predict how many warrants would need to be reviewed in any given year.
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