HB 1137

HB 1137 - AS AMENDED BY THE SENATE

AN ACT relative to the crime of resisting arrest and relative to the New Hampshire hospital security force.

SPONSORS: Rep. Knowles, Straf 11; Rep. Stevens, Carr 7; Rep. K. Gilbert, Rock 19

I. Clarifies that the crime of resisting arrest includes efforts to resist a police officer's effort to take a person into protective custody.

II. Changes references to the New Hampshire hospital security force to read as campus police force.

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

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the crime of resisting arrest and relative to the New Hampshire hospital security force.

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

642:2 Resisting Arrest or Detention. A person is guilty of a misdemeanor when the person knowingly or purposely physically interferes with a person recognized to be a law enforcement official, including a probation or parole officer, seeking to effect an arrest [or], detention, or protective custody of the person or another regardless of whether there is a legal basis for the arrest. Verbal protestations alone shall not constitute resisting arrest [or], detention, or protective custody.

2 Salaries of State Employees; Differentials, Direct Care Employees; Reference Changed. Amend RSA 99:11, I to read as follows:

I. The annual salaries of classified employees who are actively engaged in the care and treatment of patients or inmates at the New Hampshire hospital, Laconia developmental services, Glencliff home for the elderly, New Hampshire veterans' home, and the youth development center, and the [~~security~~] campus police employees, pharmacists, and dieticians employed at the New Hampshire hospital, shall be increased by a $5 per week differential. This paragraph shall not apply to those employees who receive hazardous duty pay under RSA 99:10.

3 New Hampshire Retirement System; Definitions; Permanent Policeman; Reference Changed. Amend RSA 100-A:1, VII-a(b) to read as follows:

(b) Any bingo or lucky 7 inspector, [~~security~~] campus police officer appointed pursuant to RSA 135:41, any juvenile probation and parole officer, or any person employed in the bureau of trails of the department of resources and economic development; or

4 New Hampshire Hospital and Insane Persons; Hospital Security Force; Reference Changed. Amend the subdivision heading preceding RSA 135:41 to read as follows:

5 New Hampshire Hospital and Insane Persons; Hospital Security Force; References Changed. Amend RSA 135:41-43 to read as follows:

135:41 Hospital [~~Security~~] Campus Police Force. The superintendent of the New Hampshire hospital is authorized to organize a hospital [~~security~~] campus police force for the purpose of patrolling the hospital's buildings, roads, and grounds of the campus of the state office park south and providing for general security on the campus. The hospital [~~security~~] campus police force shall be under the immediate control of and responsible to the superintendent of the hospital.

135:42 Authority. All [~~security~~] campus police officers of the hospital security force shall be ex officio constables and shall possess general police powers including the power of arrest, but such powers shall extend only to the campus of the state office park south and only to the period during which such members are on official active duty. The only 2 instances where the authority of members of the hospital [~~security~~] campus police force shall extend beyond the campus of the state office park south are:

I. Where a member of the [~~security~~] campus police force is in hot pursuit of a person or persons who have committed a crime or violation while on the campus or who have committed the crime of escape from the hospital; and

II. Where a member of the hospital [~~security~~] campus police force is acting to return a court-committed patient to the hospital's custody.

I. The superintendent of New Hampshire hospital shall require that all employees hired as [~~security~~] campus police officers after July 30, 1977, and all [~~security~~] campus police officers who have not become permanent employees before July 30, 1977, complete a program of police training as established by the police standards and training council pursuant to RSA 188-F and as appropriate to such officers' exercise of limited police powers.

II. Security officers already serving under permanent appointment on July 30, 1977, shall not be required to meet any requirements of paragraph I as a condition of tenure or continued employment.

6 General Powers and Duties of Guardian of the Person; Reference Changed. Amend RSA 464-A:25, I(a)(3) to read as follows:

(3) Approval by the probate court of an admission to a state institution shall also authorize any readmission which occurs within 60 days of discharge from such institution. For purposes of this subparagraph, [~~security~~] campus police staff at New Hampshire hospital or any other law enforcement official shall be authorized to transport the ward to New Hampshire hospital, upon presentation by the guardian of letters of guardianship over the person together with the certificate of the psychiatrist.