HB 1306-FN – AS INTRODUCED

2014 SESSION

14-2355

04/08

HOUSE BILL 1306-FN

AN ACT prohibiting a law enforcement officer from soliciting another person to participate in criminal activity.

SPONSORS: Rep. O'Flaherty, Hills 12; Rep. Warden, Hills 39; Rep. Michael Garcia, Hills 34

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill prohibits a law enforcement officer from soliciting another to engage in undercover investigatory conduct that would be criminal in nature.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2355

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT prohibiting a law enforcement officer from soliciting another person to participate in criminal activity.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; General Principals; Solicitation by a Law Enforcement Officer. Amend RSA 626 by inserting after section 8 the following new section:

626:9 Solicitation by a Law Enforcement Officer.

I. A law enforcement officer shall be criminally liable without criminal intent for soliciting another person to engage in undercover investigatory conduct that would be criminal in nature or would result in a violation under a statute or administrative rule despite the existence of an express or implied offer of immunity, or other express or implied justification or excuse.

II. An offer of immunity from prosecution made by the state under this section, whether express or implied, shall be against public policy and be unenforceable.

III. Any person who violates the provisions of this section shall be guilty of a class B misdemeanor.

2 Effective Date. This act shall take effect January 1, 2015.

LBAO

14-2355

12/03/13

HB 1306-FN - FISCAL NOTE

AN ACT prohibiting a law enforcement officer from soliciting another person to participate in criminal activity.

FISCAL IMPACT:

METHODOLOGY: