HB628: relative to the authority of law enforcement officers to close an area for the purpose of abating a threat to public health or safety.

CHAPTER 192

HB 628-FN – FINAL VERSION

05/26/05 1471s

05/26/05 1635s

2005 SESSION

05-0564

04/01

HOUSE BILL 628-FN

AN ACT relative to the authority of law enforcement officers to close an area for the purpose of abating a threat to public health or safety.

SPONSORS: Rep. Knowles, Straf 6; Rep. Gilbert, Rock 12; Rep. Naro, Graf 7; Rep. Winchell, Rock 6; Sen. Green, Dist 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill authorizes law enforcement officers to close an area for the purpose of abating a threat to the public health and safety and authorizes law enforcement to order unauthorized persons not to enter or to leave such an area.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/26/05 1471s

05/26/05 1635s

05-0564 04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the authority of law enforcement officers to close an area for the purpose of abating a threat to public health or safety.

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

192:1 Breaches of the Peace and Related Offenses; Disorderly Conduct. Amend RSA 644:2, II(e) to read as follows:

(e) Knowingly refuses to comply with a lawful order of a peace officer to move from or remain away from any public place; or

192:2 Breaches of the Peace; Disorderly Conduct. Amend RSA 644:2, IV-V to read as follows:

IV.(a) Whenever a peace officer has probable cause to believe that a serious threat to the public health or safety is created by a flood, storm, fire, earthquake, explosion, riot, ongoing criminal activity that poses a risk of bodily injury, or other disaster, the officer may close the area where the threat exists and the adjacent area necessary to control the threat or to prevent its spread, for the duration of the threat, until related law enforcement, fire, and emergency medical service operations are complete, by means of ropes, markers, uniformed emergency service personnel, or any other reasonable means, to any persons not authorized by a peace officer or emergency services personnel to enter or remain within the closed area.

(b) Peace officers may close the immediate area surrounding any emergency field command post activated for the purpose of abating any threat enumerated in this paragraph to any unauthorized persons, whether or not the field command post is located near the source of the threat.

(c) Any unauthorized person who knowingly enters an area closed pursuant to this paragraph or who knowingly remains within the area after receiving a lawful order from a peace officer to leave shall be guilty of disorderly conduct.

[IV.] V. In this section:

(a) “Lawful order” means:

(1) A command issued to any person for the purpose of preventing said person from committing any offense set forth in this section, or in any section of Title LXII or Title XXI, when the officer has reasonable grounds to believe that said person is about to commit any such offense, or when said person is engaged in a course of conduct which makes his commission of such an offense imminent; [or]

(2) A command issued to any person to stop him from continuing to commit any offense set forth in this section, or in any section of Title LXII or Title XXI, when the officer has reasonable grounds to believe that said person is presently engaged in conduct which constitutes any such offense[.]; or

(3) A command not to enter or a command to leave an area closed pursuant to paragraph IV, provided that a person may not lawfully be ordered to leave his or her own home or business.

(b) “Public place” means any place to which the public or a substantial group has access. The term includes, but is not limited to, public ways, sidewalks, schools, hospitals, government offices or facilities, and the lobbies or hallways of apartment buildings, dormitories, hotels or motels.

[V.] VI. Disorderly conduct is a misdemeanor if the offense continues after a request by any person to desist; otherwise, it is a violation.

192:3 Effective Date. This act shall take effect upon its passage.

(Approved: June 30, 2005)

(Effective Date: June 30, 2005)