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
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 RSA 627:5, VIII, relative to the use of deadly force by a law enforcement officer in effecting an arrest, is repealed.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.