HB 1017 - AS INTRODUCED
2024 SESSION
24-2038
10/05
HOUSE BILL 1017
AN ACT relative to duties of county sheriffs and the appointment of special deputy sheriffs.
SPONSORS: Rep. Belcher, Carr. 4; Rep. Potenza, Straf. 19; Rep. Granger, Straf. 2; Rep. T. Mannion, Hills. 1; Rep. Gerhard, Merr. 25
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires county sheriff's or deputies to have a presence at all federal law enforcement actions in the county. The bill also clarifies the appointment of special deputy sheriffs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2038
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to duties of county sheriffs and the appointment of special deputy sheriffs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Counties; Special Deputy Sheriffs; Authority to Appoint. Amend RSA 104:3 to read as follows:
104:3 Deputies; Appointment. A sheriff may appoint so many deputies as he or she thinks proper, by deputation in writing, under his hand and seal, and not otherwise, who shall be sworn to the faithful discharge of their duties. The deputation and certificate of oath thereon shall be recorded at length by the clerk of the superior court in a book kept for that purpose, and no deputy shall act as such until the record is made. In case of any circumstance dictating necessity, a sheriff may appoint as many special deputy sheriffs as he or she may think expedient, giving to each such badge of office as the sheriff shall designate, and to which the aforementioned requirement that oaths shall be recorded by the clerk of the superior court before acting shall not apply. Special deputy sheriffs appointed under this section shall be voluntary and uncompensated.
2 Deputy Sheriffs; Appointment. Amend RSA 104:3-e to read as follows:
104:3-e Appointment of Deputy Sheriffs. In any county in which the county convention establishes the office of deputy sheriff, the sheriff may appoint such number of deputy sheriffs, including a chief deputy sheriff, within the limits of the funds that may be appropriated for this purpose. In addition, [he] a sheriff may appoint such special deputy sheriffs as [he] the sheriff shall from time to time require for the service and return of process. Such special deputy sheriffs appointed under this section shall receive as compensation for their services the fees as provided in RSA 104:31.
3 New Paragraph; Counties; Sheriffs. Amend RSA 104:5 by inserting after paragraph IV the following new paragraph:
V. The sheriff and sheriff’s deputies shall have a presence at and observe, but not participate in, all federal law enforcement actions within their county. The sheriff shall be present for and observe, but not participate in, the service of all federal warrants and arrests within the county. The sheriff shall require of all federal law enforcement agencies advance notice of any action to be taken within the county. The sheriff may consider any federal law enforcement action in the county for which prior notice was not provided to be unauthorized, and subject to termination by himself or his or her deputies.
4 Liability for Deputy's Conduct. Amend RSA 104:28 to read as follows:
104:28 Liability for Deputy's Conduct. The sheriff is liable for the official conduct of his deputies respectively. If a deputy is discharged, the sheriff's liability shall continue until the discharge and certificate of service thereof are recorded. The sheriff’s liability for the official conduct of special deputies appointed under RSA 104:3 shall extend only to that conduct taken under the direction, order, or supervision of the sheriff or sheriff’s deputies.
5 Effective Date. This act shall take effect 60 days after its passage.