HB218: relative to the use of deadly force by a law enforcement officer.

HB 218 - AS INTRODUCED

2019 SESSION

19-0307

04/06

HOUSE BILL 218

AN ACT relative to the use of deadly force by a law enforcement officer.

SPONSORS: Rep. True, Rock. 4; Rep. Spillane, Rock. 2; Rep. Wuelper, Straf. 3; Rep. Abramson, Rock. 20

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill removes the legal authority for a law enforcement officer to use deadly force in effecting an arrest.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0307

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to the use of deadly force by a law enforcement officer.

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

1 Physical Force in Law Enforcement. Amend RSA 627:5, II to read as follows:

II. A law enforcement officer is justified in using deadly force only when [he] the officer reasonably believes such force is necessary:

(a) To defend himself or herself or a third person from what [he] the officer reasonably believes is the imminent use of deadly force; or

(b) To [effect an arrest or] prevent the escape from custody of a person whom [he] the officer reasonably believes:

(1) Has committed or is committing a felony involving the use of force or violence, is using a deadly weapon in attempting to escape, or otherwise indicates that [he] the person is likely to seriously endanger human life or inflict serious bodily injury unless apprehended without delay; and

(2) [He] The officer had made reasonable efforts to advise the person that he or she is a law enforcement officer [attempting to effect an arrest] and has reasonable grounds to believe that the person is aware of these facts.

(c) Nothing in this paragraph constitutes justification for conduct by a law enforcement officer amounting to an offense against innocent persons whom [he] the officer is not seeking to [arrest or] retain in custody.

2 Repeal. RSA 627:5, VIII, relative to the use of deadly force by a law enforcement officer in effecting an arrest, is repealed.

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