hb 0198

CHAPTER 252

HB 198 - FINAL VERSION

AN ACT relative to the police powers of law enforcement officers called to respond to incidents in other jurisdictions and relative to the authority of the Maine marine patrol to perform certain law enforcement functions in the waters of New Hampshire.

SPONSORS: Rep. Tholl, Coos 2; Rep. Welch, Rock 79; Rep. Knowles, Straf 69

This bill grants the authority to make arrests and full police powers to any law enforcement officer who is requested by certain authorities to respond to a mass critical incident in a jurisdiction other than the jurisdiction which employs such law enforcement officer.

The bill also authorizes members of the Maine marine patrol to perform certain law enforcement functions on the Piscataqua River and Portsmouth Harbor, provided that members of the New Hampshire marine patrol are extended reciprocal authority. It also authorizes an out-of-state peace officer to enter this state and make an arrest for driving under the influence of a controlled drug and for boating while under the influence of intoxicating liquor or a controlled drug.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

252:1 New Chapter; Responses to Incidents in Other Jurisdictions. Amend RSA by inserting after chapter 106-H the following new chapter:

106-I:1 Notwithstanding any law to the contrary, a law enforcement officer who responds to a mass critical incident in another jurisdiction, in response to a request by the highest ranking on-duty police officer of the requesting jurisdiction, shall have authority to make arrests and shall have full police powers for the duration of the incident, unless terminated by the law enforcement authority in the requesting jurisdiction. The request for assistance must be received directly from the highest ranking officer or indirectly through a law enforcement dispatch center. For purposes of this section, a mass critical incident includes such events as a natural disaster, riot, hazardous material incident, an act of terrorism, or widespread personal injury or loss of life.

252:2 Purpose. Section 3 of this act is enacted for the purpose of enhancing the ability of Maine and New Hampshire law enforcement authorities on the Piscataqua River and Portsmouth Harbor to investigate potential terrorist activities by extending the authority of any duly certified Maine marine patrol officer to the waters of New Hampshire on the river and harbor, for the limited purpose of responding to and investigating suspected terrorist activities on the water. It is not the purpose of section 3 either to suggest or establish the location of the border between New Hampshire and Maine.

252:3 New Section; Maine Marine Patrol. Amend RSA 270 by inserting after section 12-d the following new section:

I. Any member of the state of Maine marine patrol who, in the course of patrolling the waters of the Piscataqua River or Portsmouth Harbor, observes activity that the officer reasonably suspects may result in loss of life, widespread injury, or widespread or severe property damage, shall have the same authority to enter New Hampshire to investigate, detain, and execute an arrest as any member of the New Hampshire marine patrol.

II. Whenever any member of the Maine marine patrol is engaged in New Hampshire in carrying out the purpose of this section, such member shall have all the same privileges and immunities as members of the New Hampshire marine patrol, in addition to privileges and immunities available under Maine law.

III. The provisions of this section shall not be valid unless the state of Maine enacts legislation that is substantially the same as this section and gives reciprocal authority to any member of the New Hampshire marine patrol.

252:4 Authority to Make Arrest; Boat Operators. Amend RSA 614:1 to read as follows:

614:1 Authority Granted to Make Arrest. Except as provided in RSA 614:1-a, any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him or her on the ground that he or she is believed to have committed a felony or to have driven a motor vehicle or operated a boat while under the influence of intoxicating liquor or a controlled drug in such other state, shall have the same authority to arrest and hold such person in custody as has any member of any duly organized state, county, or municipal peace unit of this state to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or to have driven a motor vehicle or operated a boat in this state while under the influence of intoxicating liquor or a controlled drug.

252:5 Reciprocity Requirement; Boat Operators. Amend RSA 614:1-a to read as follows:

614:1-a Reciprocity Requirement. The provisions of RSA 614 shall not authorize members of state, county or local peace units from other states to pursue persons driving or suspected of driving a motor vehicle or operating or suspected of operating a boat under the influence of intoxicating liquor or a controlled drug into New Hampshire unless the state of origin of such peace unit accords reciprocal authority to pursue such persons to members of duly authorized New Hampshire state, county or local peace units.

614:5 What Constitutes Fresh Pursuit. The term "fresh pursuit'' as used in this subdivision shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected of driving a motor vehicle or operating a boat while under the influence of intoxicating liquor or a controlled drug. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.