HB1483: relative to the use of physical force by a law enforcement officer.

HB 1483 - AS INTRODUCED

2022 SESSION

22-2287

04/11

HOUSE BILL 1483

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

SPONSORS: Rep. True, Rock. 4

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the circumstances under which a law enforcement officer may legally use deadly force. The bill also repeals the legal presumption of reasonableness when a law enforcement officer uses deadly force in effecting an arrest.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2287

04/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to the use of physical 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 reasonably believes such force is] reasonably necessary:

(a) To defend himself, herself, or a third person from [what he 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 reasonably believes] who:

(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 had] The officer 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] and that the person is aware of [these facts] this fact.

(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.