HB434: relative to procedures for investigating law enforcement officers involved in critical incidents.

HB 434 – AS INTRODUCED

2011 SESSION

11-0896

09/01

HOUSE BILL 434

AN ACT relative to procedures for investigating law enforcement officers involved in critical incidents.

SPONSORS: Rep. Reilly, Graf 8; Rep. Tobin, Belk 2; Rep. Simard, Graf 8; Rep. Simpson, Belk 1; Rep. Brosseau, Graf 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a waiting period prior to any investigation of a law enforcement officer involved in a critical incident.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0896

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to procedures for investigating law enforcement officers involved in critical incidents.

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

1 Interviews of Law Enforcement Officers Involved in Critical Incidents. Amend RSA 7 by inserting after section 10-b the following new section:

7:10-c Interviews of Law Enforcement Officers Involved in Critical Incidents. Any law enforcement officer involved in a critical incident, including but not limited to a shooting involving the law enforcement officer, shall undergo a complete physical and psychological evaluation by an appropriate health care provider and/or mental health care provider licensed or certified by the state of New Hampshire prior to being interviewed regarding the critical incident by officials or employees of the department of justice, the department of safety, county attorneys’ offices, or any other law enforcement agency. The health care provider shall recommend that a period of not less than 24 hours and not more than 48 hours pass prior to any interview or questioning of the law enforcement officer by law enforcement agency officials or employees in order for the law enforcement officer to regain mental and/or physical stability, and the interviewing law enforcement agency shall adhere to such recommendation.

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