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1 New Section; Arrests in Criminal Cases; Citizen's Arrest by Private Person. Amend RSA 594 by inserting after section 10-a the following new section:
594:10-b Citizen's Arrest by Private Persons.
I. A private person may arrest another person:
(a) For a felony committed in the arrestor's presence;
(b) For a misdemeanor involving a breach of the peace committed in the arrestor's presence; or
(c) When the arrestor has probable cause, as judged by the reasonable person standard, to believe that a felony has been committed and the person arrested committed it.
II. The arrestor shall:
(a) Use only reasonable and proportional force necessary to make the arrest;
(b) Promptly notify law enforcement authorities; and
(c) Detain the person arrested only until law enforcement arrives and release the detainee to law enforcement without delay.
III.(a) No private person may enter the dwelling or private property of another to effect a citizen's arrest for a misdemeanor breach of the peace.
(b) Entry onto private property to arrest a person for a felony may only be made if the citizen reasonably believes exigent circumstances exist that pose an imminent threat of harm. Such entry shall be immediately reported to law enforcement, with the citizen deferring to police intervention whenever practicable.
(c) Unauthorized entry in violation of this paragraph shall expose the citizen to criminal and civil liability.
IV.(a) Any private person acting in good faith and with probable cause under this section shall be immune from criminal or civil liability arising solely from such arrest, provided that only reasonable force is used and substantial compliance with this section is demonstrated.
(b) This immunity shall not apply to acts of gross negligence, recklessness, or willful misconduct.
V. Deadly force may not be used except as permitted under RSA 627:4.
VI. Persons making a citizen's arrest shall inform the person arrested, as soon as reasonably possible, of the intention to arrest and the cause for the arrest.
VII. In any prosecution or civil proceeding arising from a citizen's arrest, the arrestor's belief of the commission of a qualifying offense shall be judged by the reasonable person standard under the circumstances then known to the arrestor.
VIII. The department of safety shall provide public information regarding citizen's arrest regulations, procedures, and legal risks as established by this section.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Section; Arrests in Criminal Cases; Citizen's Arrest by Private Person. Amend RSA 594 by inserting after section 10-a the following new section:
594:10-b Citizen's Arrest by Private Persons.
I. A private person may arrest another person:
(a) For a felony committed in the arrestor's presence;
(b) For a misdemeanor involving a breach of the peace committed in the arrestor's presence; or
(c) When the arrestor has probable cause, as judged by the reasonable person standard, to believe that a felony has been committed and the person arrested committed it.
II. The arrestor shall:
(a) Use only reasonable and proportional force necessary to make the arrest;
(b) Promptly notify law enforcement authorities; and
(c) Detain the person arrested only until law enforcement arrives and release the detainee to law enforcement without delay.
III.(a) No private person may enter the dwelling or private property of another to effect a citizen's arrest for a misdemeanor breach of the peace.
(b) Entry onto private property to arrest a person for a felony may only be made if the citizen reasonably believes exigent circumstances exist that pose an imminent threat of harm. Such entry shall be immediately reported to law enforcement, with the citizen deferring to police intervention whenever practicable.
(c) Unauthorized entry in violation of this paragraph shall expose the citizen to criminal and civil liability.
IV.(a) Any private person acting in good faith and with probable cause under this section shall be immune from criminal or civil liability arising solely from such arrest, provided that only reasonable force is used and substantial compliance with this section is demonstrated.
(b) This immunity shall not apply to acts of gross negligence, recklessness, or willful misconduct.
V. Deadly force may not be used except as permitted under RSA 627:4.
VI. Persons making a citizen's arrest shall inform the person arrested, as soon as reasonably possible, of the intention to arrest and the cause for the arrest.
VII. In any prosecution or civil proceeding arising from a citizen's arrest, the arrestor's belief of the commission of a qualifying offense shall be judged by the reasonable person standard under the circumstances then known to the arrestor.
VIII. The department of safety shall provide public information regarding citizen's arrest regulations, procedures, and legal risks as established by this section.
2 Effective Date. This act shall take effect January 1, 2027.