HB546: relative to 911 immunity for reporting that a person has been the victim of a violent crime.

CHAPTER 85

HB 546-FN - FINAL VERSION

2021 SESSION

21-0764

04/10

HOUSE BILL 546-FN

AN ACT relative to 911 immunity for reporting that a person has been the victim of a violent crime.

SPONSORS: Rep. Amanda Bouldin, Hills. 12; Rep. Andrew Bouldin, Hills. 12; Rep. Conley, Straf. 13; Rep. DiLorenzo, Rock. 17; Rep. Bordenet, Ches. 5; Rep. Meuse, Rock. 29; Rep. Roy, Rock. 32; Rep. Abbas, Rock. 8; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Sen. Reagan, Dist 17; Sen. Whitley, Dist 15

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides immunity from criminal charges for a person who reports to law enforcement that such person or another person has been the victim of a violent 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0764

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT relative to 911 immunity for reporting that a person has been the victim of a violent crime.

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

85:1 Controlled Drug Act; Immunity From Liability. Amend RSA 318-B:28-b, II-III to read as follows:

II. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose, or in good faith and in a timely manner reports that another person has been the victim of a violent crime. A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose, or in good faith and in a timely manner reports that another person has been the victim of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement. In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.

III. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime. A person who in good faith requests, or is the subject of a good faith request for medical assistance, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement. In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.

85:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 18, 2021

Effective Date: August 17, 2021