CHAPTER 191

SB 128-FN – FINAL VERSION

2007 SESSION

07-0261

04/01

SENATE BILL 128-FN

AN ACT establishing an enhanced penalty for injuring another as a result of resisting arrest.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Clegg, Dist 14; Sen. DeVries, Dist 18; Sen. Sgambati, Dist 4; Sen. Reynolds, Dist 2; Sen. Fuller Clark, Dist 24; Sen. Burling, Dist 5; Sen. Downing, Dist 22

COMMITTEE: Judiciary

ANALYSIS

This bill provides that a person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury to another person.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0261

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishing an enhanced penalty for injuring another as a result of resisting arrest.

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

191:1 Resisting Arrest or Detention. Amend RSA 642:2 to read as follows:

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 of the person or another regardless of whether there is a legal basis for the arrest. A person is guilty of a class B felony if the act of resisting arrest or detention causes serious bodily injury, as defined in RSA 625:11, VI, to another person. Verbal protestations alone shall not constitute resisting arrest or detention.

191:2 Effective Date. This act shall take effect January 1, 2008.

Approved: June 18, 2007

Effective: January 1, 2008