HB 239 - AS INTRODUCED
STAFF\HB.dot
2001 SESSION
04/09
HOUSE BILL 239
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits police officers from making vehicle stops unless the stop is supported by reasonable suspicion based on articulable facts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0180
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to certain vehicle stops made by police officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Sheriffs, Constables, and Police Officers; Stops by Police Officers. Amend RSA 105 by inserting after section 4 the following new section:
105:4-a Vehicle Stops by Police Officers; Complaint Procedure.
I. No police officer shall make a stop of any vehicle traveling upon a way, as defined in RSA 259:125, in this state unless the officer has reasonable suspicion supported by articulable facts that the operator of such vehicle has committed, is committing, or is about to commit an unlawful act.
II. Any person who believes he or she has been subject to a stop by a police officer that fails to comply with paragraph I of this section may submit a complaint to the chief of police of the city or town where the stop occurred. If the local chief of police, upon review of the complaint, finds that the stop fails to comply with paragraph I of this section, the chief of police may suspend the officer in question for a period not to exceed one week without pay.
III. Any police officer suspended under this section shall be entitled to a hearing, on the merits and reasonableness of the suspension, in the superior court in the county in which the city or town which employs the suspended officer is located, provided that the officer petitions for such hearing within 10 days of the date of the suspension. The court shall have the power to affirm, negate, or modify such suspension based upon its findings.
2 Effective Date. This act shall take effect January 1, 2002.