hb 1286

CHAPTER 79

HB 1286 - FINAL VERSION

AN ACT increasing the time period during which warrantless arrests for violations of the stalking law and violations of restraining orders in domestic cases are permitted.

SPONSORS: Rep. Leach, Hills 9; Rep. Coughlin, Hills 12; Rep. Norelli, Rock 31; Rep. K. Dionne, Hills 1; Sen. Fernald, Dist 11; Sen. Flanders, Dist 7

This bill increases the time period from 6 hours to 12 hours after the offense during which a law enforcement officer may conduct a warrantless arrest of a person whom the officer has probable cause to believe has violated a provision of the stalking statute, or a provision of a restraining order in a domestic case.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT increasing the time period during which warrantless arrests for violations of the stalking law and violations of restraining orders in domestic cases are permitted.

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

79:1 Protection from Domestic Violence; Violation of Protective Order. Amend RSA 173-B:9, I (a) to read as follows:

I.(a) When the defendant violates either a temporary or permanent protective order issued or enforced under this chapter, peace officers shall arrest the defendant and ensure that the defendant is detained until arraignment. Such arrests may be made within [6] 12 hours without a warrant upon probable cause, whether or not the violation is committed in the presence of a peace officer.

79:2 Alimony, Allowances, Custody; Temporary Relief. Amend RSA 458:16, III to read as follows:

III. When a party violates a restraining order issued under this section by committing assault, criminal trespass, criminal mischief, stalking, or another criminal act, that party shall be guilty of a misdemeanor, and peace officers shall arrest the party, detain the party pursuant to RSA 594:19-a and refer the party for prosecution. Such arrests may be made within [6] 12 hours after a violation without a warrant upon probable cause whether or not the violation is committed in the presence of a peace officer.

79:3 Bail and Recognizances; Detention and Sanctions. Amend RSA 597:7-a, I-a to read as follows:

I-a. If a person violates a restraining order issued under RSA 458:16, III, or a protective order issued under RSA 633:3-a, or a temporary or permanent protective order issued under RSA 173-B by committing assault, criminal trespass, criminal mischief, or another criminal act, a peace officer shall arrest the accused, detain the accused pursuant to RSA 594:19-a, bring the accused before a justice pursuant to RSA 594:20-a, and refer the accused for prosecution. Such arrest may be made within [6] 12 hours after a violation without a warrant upon probable cause whether or not the violation is committed in the presence of the peace officer.

79:4 Arrest Without a Warrant; Time Periods Amended. Amend RSA 594:10, I (b) to read as follows:

(b) He has probable cause to believe that the person to be arrested has within the past [6] 12 hours committed abuse as defined in RSA 173-B:1, I against a person eligible for protection from domestic violence as defined in RSA 173-B:1, has within the past [6] 12 hours violated a temporary or permanent protective order issued under RSA 173-B or RSA 458:16 by committing assault, criminal trespass, criminal mischief or another criminal act, or has within the last [6] 12 hours violated stalking provisions under RSA 633:3-a.

79:5 Interference with Freedom; Stalking; Time Period for Warrantless Arrests. Amend RSA 633:3-a, V to read as follows:

V. Any law enforcement officer may arrest, without a warrant, any person that the officer has probable cause to believe has violated the provisions of this section when the offense occurred within [6] 12 hours, regardless of whether the crime occurred in the presence of the officer. A law enforcement officer shall arrest a person when he has probable cause to believe a violation of the provisions of this section has occurred within the last [6] 12 hours when the offense involves a violation of a protective order issued pursuant to RSA 173-B, RSA 458:16, or paragraph III-a of this section.