HB1134: (New Title) authorizing federal law enforcement officials to take emergency law enforcement action to temporarily detain persons when assisting local law enforcement officials or upon witnessing a crime.

HB 1134 – AS AMENDED BY THE HOUSE

03Mar2010… 0687h

2010 SESSION

10-2058

04/09

HOUSE BILL 1134

AN ACT authorizing federal law enforcement officials to take emergency law enforcement action to temporarily detain persons when assisting local law enforcement officials or upon witnessing a crime.

SPONSORS: Rep. Shurtleff, Merr 10

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill authorizes federal law enforcement officials to take emergency law enforcement action to temporarily detain persons when assisting local law enforcement officials or upon witnessing a crime.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0687h

10-2058

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT authorizing federal law enforcement officials to take emergency law enforcement action to temporarily detain persons when assisting local law enforcement officials or upon witnessing a crime.

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

1 New Section; Detention Authority of Federal Officers. Amend RSA 594 by inserting after section 6 the following new section:

594:6-a Detention Authority of Federal Officers. A federal law enforcement officer or special agent who has been requested or directed by a New Hampshire law enforcement officer to assist in effecting an arrest, or whose assistance is requested under mutual aid, or who observes a person committing what the officer has reasonable grounds to believe is a felony, a misdemeanor constituting a breach of the peace, or an offense under RSA 265-A, may detain such person provided the detention is accomplished in a reasonable manner. The officer or special agent may use reasonable and necessary force to effect the detention or to defend himself or herself or a third person from what the officer believes to be imminent assault or bodily injury. Any person detained pursuant to this section shall be released as soon as practicable to the custody of a New Hampshire officer with jurisdiction.

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