SB 382 - AS INTRODUCED

2016 SESSION

16-2772

09/04

SENATE BILL 382

AN ACT relative to the authority of a federal law enforcement officer to make arrests in New Hampshire.

SPONSORS: Sen. Woodburn, Dist 1; Rep. Theberge, Coos 3; Rep. Y. Thomas, Coos 3; Rep. Richardson, Coos 4; Rep. Tholl, Coos 5

COMMITTEE: Judiciary

-----------------------------------------------------------------

ANALYSIS

This bill grants certain federal law enforcement officers the authority to make arrests in New Hampshire.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2772

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to the authority of a federal law enforcement officer to make arrests in New Hampshire.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Police Standards and Training Council; Power to Certify Federal Law Enforcement Officers. Amend RSA 188-F:26, IV to read as follows:

IV. Certify persons as being qualified under the provisions of this subdivision to be police officers, state corrections officers, [or] state probation-parole officers, or certified federal law enforcement officers for the purposes of RSA 594:26, and establish rules under RSA 541-A for the suspension or revocation of the certification of such persons in the case of egregious misconduct or failure to comply with council standards.

2 Arrests in Criminal Cases; Definition of Officer. Amend RSA 594:1, III to read as follows:

III. "Officer'' or "peace officer'' is any sheriff or deputy sheriff, mayor or city marshal, constable, police officer or watchman, member of the national guard acting under orders while in active state service ordered by the governor under RSA 110-B:6, certified federal law enforcement officer as defined in RSA 594:26, I, or other person authorized to make arrests in a criminal case.

3 New Subdivision; Certified Federal Law Enforcement Officers. Amend RSA 594 by inserting after section 25 the following new subdivision:

Certified Federal Law Enforcement Officers

594:26 Power of Arrest for New Hampshire Crimes.

I. For purposes of this section, “a certified federal law enforcement officer” means a federal law enforcement officer who:

(a) Is employed as a law enforcement officer of the federal government as a special agent or border patrol agent of the Department of Homeland Security, Customs and Border Protection;

(b) Has satisfactorily completed a course of study in New Hampshire laws and criminal procedures approved by the police standards and training council, at the expense of the officer’s agency;

(d) Has taken an oath administered by the commissioner of safety or by the commissioner’s designee to uphold the constitution of the state of New Hampshire.

II. The director of the police standards and training council shall certify a federal law enforcement officer who applies for certification if the officer satisfies the employment and study requirements listed in paragraph I. Federal law enforcement officers certified under this section shall be exempt from regular physical fitness examinations required of state or municipal law enforcement officers. A certification under this paragraph shall automatically terminate immediately upon the officer’s suspension or termination of employment from the federal agency in which he or she was employed at the time the certification occurred.

III. A certified federal law enforcement officer may make an arrest pursuant to New Hampshire law for violation of New Hampshire laws anywhere within the state if the officer determines that it is necessary to do any of the following:

(a) Protect an individual in the presence of the officer from the imminent infliction of serious bodily injury.

(b) Provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury.

(c) Prevent the escape of any individual who the officer reasonably believes has committed a crime in the presence of the officer.

(d) Prevent the escape of any individual who the officer reasonably believes has committed a felony under New Hampshire law.

IV. A certified federal law enforcement officer who makes an arrest under this section shall report the arrest, without delay, to the division of state police.

V. A certified federal law enforcement officer who makes an arrest under the authority of this section shall have the same immunity from liability that a state or municipal law enforcement officer has under the laws of this state.

VI. This section is not intended to limit existing authority of federal officers under federal law or to interfere with the performance of federal duties by federal officers.

4 Effective Date. This act shall take effect January 1, 2017.