Bill Text: NH HB218 | 2019 | Regular Session | Introduced
Bill Title: Relative to the use of deadly force by a law enforcement officer.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2019-02-28 - Inexpedient to Legislate: Motion Adopted Regular Calendar 277-62 02/28/2019 House Journal 7 P. 49 [HB218 Detail]
Download: New_Hampshire-2019-HB218-Introduced.html
HB 218 - AS INTRODUCED
2019 SESSION
19-0307
04/06
HOUSE BILL 218
AN ACT relative to the use of deadly force by a law enforcement officer.
SPONSORS: Rep. True, Rock. 4; Rep. Spillane, Rock. 2; Rep. Wuelper, Straf. 3; Rep. Abramson, Rock. 20
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill removes the legal authority for a law enforcement officer to use 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0307
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to the use of deadly 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] the officer reasonably believes such force is necessary:
(a) To defend himself or herself or a third person from what [he] the officer 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] the officer reasonably believes:
(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] The officer had 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 that the person is aware of these facts.
(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.
