Revision: Feb. 15, 2024, 9:29 a.m.
HB 135-FN - AS AMENDED BY THE SENATE
22Mar2023... 0684h
01/03/2024 0014s
02/08/2024 0575s
2023 SESSION
23-0011
04/08
HOUSE BILL 135-FN
AN ACT relative to requisites for a criminal search warrant.
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 limits the circumstances under which a law enforcement officer may obtain or execute no-knock search warrant.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
01/03/2024 0014s
02/08/2024 0575s 23-0011
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to requisites for a criminal search warrant.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Search Warrants; Requisites of Warrant. 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. In this section, a "no-knock search warrant" means a warrant authorizing a law enforcement officer to enter a premises to execute a warrant without first knocking or announcing his or her presence.
III.(a) Any law enforcement officer involved in executing a search warrant shall be recognizable and identifiable as a 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 subparagraph shall be admitted into evidence for the state in any prosecution. This subparagraph shall apply to all circumstances with the exception of a no-knock warrant.
(b) Notwithstanding subparagraph (a), a no-knock warrant may be granted under any of the following circumstances:
(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 injury 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 or designee. 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 and department to the county attorney and attorney general. 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 injury 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 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 injury is present, but an officer in good faith 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 county attorney, attorney general, or their designee.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0011
Amended 2/12/24
HB 135-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2024-0575s)
AN ACT relative to requisites for a criminal search warrant.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | Various Government Funds
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable Increase | IndeterminableIncrease | Indeterminable Increase | ||
METHODOLOGY:
This bill limits the circumstances under which a law enforcement officer may obtain or execute no-knock search warrant.
The Department of Safety states the bill would increase expenditures for the Division of State Police by an indeterminable amount due to the additional time required to obtain permission from the chief law enforcement officer of an agency and any additional time to establish the requirements to meet the no-knock exception.
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 Association states the inability to rely on speed as an appropriate tactic will require officers to rely on other tactics. The Association indicates it is not possible to estimate the cost of any individual tactic in policing because the use of any given tactic and its appropriateness depends on the particular circumstances of the event. The Association states, given the likelihood of officers waiting for an additional period of time, it is likely that additional costs in the form of hours of observation, including overtime, will be required. The impact on local expenditures is indeterminable and would depend on the number of search warrants to be executed and the varying options of officers during the valid period of execution.
The New Hampshire Association of Counties states this bill would have no impact on county revenue or expenditures.
AGENCIES CONTACTED:
Department of Safety, New Hampshire Municipal Association and New Hampshire Association of Counties