Revision: April 25, 2024, 10:51 a.m.
Rep. Roy, Rock. 31
April 25, 2024
2024-1647h
09/05
Amendment to SB 315-FN-LOCAL
Amend the title of the bill by replacing it with the following:
AN ACT relative to law enforcement agency reporting on information concerning bias crimes and relative to the definitions of tenant and tenancy.
Amend the bill by replacing all after section 1 with the following:
2 New Subparagraph; Actions Against Tenants; Definitions. Amend RSA 540:1-a, IV by inserting after subparagraph (h) the following new subparagraph:
(i) Any person who has entered or remained within an occupied structure or secured premises in violation of RSA 635:1 or RSA 635:2 and who a law enforcement official has probable cause to believe is not a legal occupant of a nonrestricted property pursuant to a written lease agreement or other agreement between the person and an owner or authorized designee. Evidence of lawful residence may be provided by documentation indicating recent residence by the person, including, but not limited to, a paid bill from a utility, government identification, or proof of payment for rent or other services at the address. Merely having utilities established in a person's name for less than a complete billing cycle shall not constitute evidence of lawful residence. Any owner or authorized agent who alleges that a person is unlawfully present and that such person has no reasonable claim to legal tenancy within the meaning of this section shall swear to such in writing under the pains and penalties of perjury on a form provided by the New Hampshire department of safety. Upon the signing of such a complaint, and the person alleged to be unlawfully present being unable to provide any reasonable evidence of residence, law enforcement shall order the person to leave the premises if so requested by the owner. If the person refuses to leave after being ordered to do so by law enforcement, the person may be arrested for a violation of RSA 635:2. The owner of any property who has alleged that someone has unlawfully occupied his or her property may waive the removal of such a person or the person's property for up to 48 hours without creating any claim or right to tenancy by such person or persons that are unlawfully present. If the unlawfully present person remains after the expiration of those 48 hours, the owner may, within the next 24 hours, request that the owner's original request to have the person removed be honored by law enforcement. If no such request is made by the owner within the allotted time, the person may only be removed pursuant to eviction proceedings.
I. Section 1 of this act shall take effect January 1, 2025.
II. The remainder of this act shall take effect 60 days after its passage.
2024-1647h
AMENDED ANALYSIS
This bill:
I. Requires a law enforcement agency operating within New Hampshire to report information concerning hate crimes to the department of safety, and requires the department of safety to publish the statistical information on its website.
II. Amends the definition of "tenant" and "tenancy" to exclude individuals that are not lawful occupants of certain properties and who entered or remained there in violation of certain provisions of the criminal code. This bill further provides for procedures for the removal of those persons from the property.