HB 1238 amends New Hampshire law (RSA 265:4) to increase penalties for disobeying law enforcement officers. It reclassifies certain violations as class A misdemeanors (for offenses under subparagraphs I(a), (b), (d), (e), (f)) and upgrades penalties for violations involving motor vehicle accidents: a class B felony if serious injury occurs during pursuit (subparagraph I(c)), and a class A felony if injury or death results. This directly affects individuals who refuse to comply with officers during traffic stops or investigations, particularly when accidents happen while fleeing. The bill takes effect January 1, 2027, and was requested by the Department of Safety.
HB 1801 modifies four key areas of law enforcement practice. It requires the state to prove a detention was lawful after a plaintiff shows it was unlawful, with $100 hourly damages (adjusted annually) for wrongful detention. The bill revises drug forfeiture rules to specify which property (like vehicles, money, or real estate) can be seized and adds a lien on seized items. It also mandates new certification requirements for law enforcement officers and creates a violation-level offense for officers who knowingly provide false information in written reports. These changes directly affect individuals claiming unlawful detention, property owners in drug cases, and law enforcement officers.
HB 1587 requires police body-worn camera footage to be disclosed under New Hampshire's public records law (right-to-know law), ending an existing exemption. It mandates that police departments respond to public requests for footage within 5 business days and remove private details like Social Security numbers, addresses, or images of minors before release. The bill repeals a prior exemption (RSA 91-A:5, X) that kept body camera videos from public access. This policy change applies to all law enforcement agencies in the state starting January 1, 2027.
HB 1070 mandates that individuals placed in protective custody for suspected mental health crises must be transported by ambulance to a hospital or designated mental health site for evaluation, rather than by law enforcement. This applies directly to people experiencing acute mental health emergencies who are deemed a danger to themselves or others. The bill requires emergency medical technicians to provide care during transport, sets a 6-hour limit for protective custody, and allows law enforcement to override ambulance transport only if the individual poses a safety risk to medical personnel. It does not change eligibility criteria for involuntary admission but standardizes the initial transport process for mental health evaluations.
HB 1216 requires law enforcement officers to inform homeowners and property owners of their right to refuse searches before conducting warrantless searches of homes or other real property (like buildings permanently attached to land). The bill mandates officers explain that refusing consent cannot lead to arrest, detention, or criminal charges, and that refusal must end further questioning. It also requires documented consent - via signature on a form or video recording - and makes improperly obtained evidence inadmissible in court. This directly affects residents during police encounters and updates existing vehicle search consent rules to cover homes. The law takes effect January 1, 2027.
This bill requires New Hampshire state and local law enforcement officers who assist U.S. Immigration and Customs Enforcement (ICE) under the federal 287(g) program to display their name or badge number, refrain from wearing facial coverings, and keep body-worn cameras active during these duties. It mandates that law enforcement agencies establish disciplinary measures for officers who violate these requirements and directs all complaints about violations to the state Department of Justice’s Civil Rights Unit for investigation. The bill applies only to officers participating in the 287(g) program and takes effect 60 days after enactment. It does not alter existing requirements for officers not engaged in federal immigration enforcement.
HB 1283 prohibits New Hampshire state agencies and law enforcement from using face recognition technology without a warrant supported by probable cause or under specific legal exceptions. It directly affects state departments, police departments, and municipal entities that previously used this technology for identification purposes. The bill makes evidence collected through unauthorized use inadmissible in court and imposes class A misdemeanor penalties for violations. Key provisions require warrants for any state use, ban access to facial databases by third parties, and establish strict evidence rules to prevent misuse. This bill aims to limit surveillance capabilities while protecting privacy rights through clear legal safeguards.
HB 1428 standardizes the process for submitting complaints about potential criminal misconduct by state, county, municipal, or local law enforcement officials to the Attorney General's Public Integrity Unit. It requires written complaints (via mail or email) with sufficient factual details, limits anonymous complaints (though confidentiality may be granted if practical), and mandates that all complaints undergo a preliminary review based on whether they show "reasonable suspicion" of criminal conduct. The bill specifies that complaints lacking adequate facts may be returned, and the unit must notify complainants in writing whether an investigation will proceed or if the matter is referred to another agency. This affects anyone filing such complaints, ensuring consistent handling of allegations against law enforcement officials.
