HB1198: relative to the use of physical force by persons with special responsibilities.

HB 1198 - AS INTRODUCED

2020 SESSION

20-2281

04/08

HOUSE BILL 1198

AN ACT relative to the use of physical force by persons with special responsibilities.

SPONSORS: Rep. Balch, Hills. 38; Rep. Bosman, Hills. 38; Rep. Pickering, Hills. 3

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the provisions related to the justification for the use of force by persons with special responsibilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2281

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to the use of physical force by persons with special responsibilities.

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

1 Physical Force by Persons With Special Responsibilities. RSA 627:6, IV-VIII are repealed and reenacted to read as follows:

IV. A person authorized by law to maintain decorum or safety in a vessel, aircraft, vehicle, train, or other carrier, in a hospital or other health care facility, may use non-deadly force when and to the extent that he or she reasonably believes it necessary for the purpose of protection of others.

V. Any person providing security services to local, state, or any national political candidate, current or former political figure or leader, at a gathering, rally, or function, shall demonstrate current and valid credentials and training appropriate to the services provided.

(a) Such person shall act only in accordance with state and local law, and under the direction of local or state law enforcement officers.

(b) Any person providing security services shall be prominently and visibly identifiable as such, with the name, position and function of any person providing such services.

(c) Such person may use non-deadly force when and to the extent that he or she reasonably believes it necessary for the purpose of protection of others.

(d) Such person shall make a complete report of their use of non-deadly force, with evidence supporting such action, to local or state law enforcement officials within 24 hours.

VI. The justification extended in paragraphs I-V shall not apply to the purposeful or reckless use of force that creates a risk of death, or bodily injury, or substantial pain.

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