RSA 105:19 · Reports of Misconduct by Law Enforcement Officers

105:19 Reports of Misconduct by Law Enforcement Officers. –

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I.

For the purposes of this section, "misconduct" means assault, sexual assault, bribery, fraud, theft, tampering with evidence, tampering with a witness, use of a chokehold, or excessive and illegal use of force as defined by the New Hampshire criminal code.

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II.

It shall be the duty of any law enforcement officer who observes misconduct by another law enforcement officer to notify the chief law enforcement officer in his or her department in writing immediately or as soon as is practicable after observing such misconduct. Within 7 days of receiving such notification, the chief law enforcement officer shall notify the police standards and training council of such misconduct in writing. If the chief law enforcement officer is the subject of the misconduct report, the reporting officer shall report directly to the police standards and training council.

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III.

No discriminatory, disciplinary, or retaliatory action shall be taken against any officer for any information given or disclosed by him or her in good faith in the course of making a report of misconduct under paragraph II.

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IV.

Any police department that receives a report of misconduct under this section shall timely conduct an investigation and reach a determination on the merits. After the investigatory entity determines that the evidence shows that the individual committed any acts of misconduct, the name of the individual and any act of misconduct shall be disclosed to the police standards and training council. Source. 2020, 12:16, eff. Jan. 1, 2021.

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