SB236: extending the authority for police mutual aid.

CHAPTER 260

SB 236 – FINAL VERSION

02Jan2008… 2408h

2008 SESSION

07-1121

09/04

SENATE BILL 236

AN ACT extending the authority for police mutual aid.

SPONSORS: Sen. Letourneau, Dist 19; Rep. Packard, Rock 3

COMMITTEE: Public and Municipal Affairs

AMENDED ANALYSIS

This bill expands the circumstances under which police officers of a municipality may render assistance to police officers in another municipality.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02Jan2008… 2408h

07-1121

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT extending the authority for police mutual aid.

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

260:1 Police Mutual Aid Extended Authority. Amend RSA 105:13 to read as follows:

105:13 Extended Authority.

I. The authority of any duly authorized police officer, constable or watchman of any town or city shall extend to any other city or town in the state, provided that the chief law enforcement officer of the requesting town or city has executed with the chief law enforcement officer of the responding town or city a written agreement which sets forth the terms and conditions under which such assistance may be requested or rendered. The executed agreement shall constitute authorization for every request for assistance, and for any assistance rendered in accordance with the terms and conditions of the written agreement, regardless of whether the responding police officer, constable, or watchman is named in the agreement. In an emergency situation, the ranking on-duty law enforcement official of a town or city is authorized to make an oral request for assistance to the ranking on-duty law enforcement official in the responding town, subject to the terms and conditions of such written agreement, and the authority of the responding police officer, constable, or watchman shall extend to the requesting town. The written agreement shall remain in full force and effect until terminated by the mutual consent of the chief law enforcement officers of each town or city, or until 10 days after the chief law enforcement officer of one town or city has received notification from the chief law enforcement officer of the other town or city of his or her intention to terminate.

II. Where no written agreement exists or no officer is available, any duly authorized police officer, constable, or watchman shall have temporary police authority in another jurisdiction in the state, when requested by a law enforcement officer from such jurisdiction in the state to render assistance to such officer under such officer's direction in an emergency for the purposes of making an arrest or effecting custody of a detainee, conducting a search, quelling a disturbance, providing traffic or crowd control, or securing a crime scene, until relieved by the requesting officer or otherwise directed by the ranking on-duty officer of the requesting jurisdiction.

III. Where no written agreement exists or no officer is available, any duly authorized police officer, constable, or watchman from a nearby town or city may exercise temporary police authority as necessary to respond to a crime in progress, traffic accident, natural or human-caused disaster, disturbance in progress, or other emergency, if requested by a public safety dispatch center authorized to dispatch for the jurisdiction where the event is occurring, because there is no local officer or state trooper available for immediate response and in the judgment of the dispatch center the public safety requires an immediate response. Such officer's authority shall terminate when relieved by an officer with authority in the jurisdiction receiving the assistance, unless the officer with authority requests assistance pursuant to paragraph II.

IV. When providing assistance under this section the officer shall remain an employee of his or her respective department.

260:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 26, 2008

Effective Date: August 25, 2008