CHAPTER 284

HB 256 - FINAL VERSION

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2001 SESSION

01-0258

09/01

HOUSE BILL 256

AN ACT limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.

SPONSORS: Rep. Clegg, Hills 23; Rep. Pepino, Hills 40; Rep. Thomas, Belk 3; Sen. Francoeur, Dist 14

COMMITTEE: Judiciary

ANALYSIS

This bill limits the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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6/12/01...1589s

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01-0258

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT limiting the liability of law enforcement agencies and their employees for injuries caused by dogs used in law enforcement work.

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

284:1 New Section; Law Enforcement Agencies; Limitation on Liability for Injuries Caused by Dogs Used in Law Enforcement Work. Amend RSA 508 by inserting after section 18 the following new section:

508:18-a Law Enforcement Agencies; Limitation on Liability for Injuries Caused by Dogs Used in Law Enforcement Work.

I. No law enforcement officer or agency shall be held liable for damages resulting from injuries caused by a dog used in law enforcement work provided that:

(a) The officer and the dog have completed training together and received certification from a nationally recognized organization required for police work or other law enforcement work;

(b) The injury arises out of law enforcement conduct within the provisions of RSA 627:5, I and II; and

(c) The law enforcement agency using a dog in enforcement work has adopted a written policy on the necessary and appropriate use of a dog for the work enumerated in subparagraphs (a) and (b). Said written policy shall be available for public inspection at any time.

284:2 Effective Date. This act shall take effect January 1, 2002.

(Approved: July 16, 2001)

(Effective Date: January 1, 2002)