TITLE XXXIV
PUBLIC UTILITIES

Chapter 381
RAILROAD POLICE

Section 381:1

381:1 Definitions. – As used in this chapter, "railroad," "railroads" or "railway company" or any combination of such words means a corporation, company or state engaged as a common carrier in the furnishing or sale of transportation, freight or passenger service, or any combination thereof, by railroad.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:2

381:2 Appointment. – The commissioner of safety shall have the authority to commission and rescind the commissions of all railroad police officers in the state of New Hampshire. The commissioner of safety may commission and rescind the commissions of railroad police officers recommended by the commissioner of transportation pursuant to RSA 228:62-a or recommended and appointed by the chief police officer, or in his absence the chief operating officer, of any railroad located wholly, or partially, within the state.

Source. 1979, 333:1. 1981, 75:2; 568:166. 1985, 402:6, I(b)(8).

Section 381:3

381:3 Responsibility. – In enforcing the provisions of this chapter, neither the commissioner of safety as an individual nor the state of New Hampshire shall assume any civil liability for acts of a police officer in exercising or attempting to exercise the powers conferred by this chapter. Nothing contained in this chapter shall have the effect of relieving any such railroad from any civil liability for the acts of a police officer in exercising or attempting to exercise the powers conferred by this chapter.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:4

381:4 Qualifying for Commission. – Any person who was a railroad police officer on August 21, 1979, in order to qualify for an appointment as a railroad police officer pursuant to RSA 381:2, must have been employed on a full-time basis by a railroad police department, municipal police department or a state police department, or combination thereof, for a minimum of 3 years. Such employment shall have been in performing the duties of a police officer. Any person who was not a railroad police officer on August 21, 1979, or who was so employed but did not have the 3 years of employment required by this section, shall be required to be certified as a police officer in accordance with RSA 106-L in order to qualify for appointment pursuant to RSA 381:2. Any person employed as a railroad police officer after August 21, 1979, shall complete such training as the police standards and training council shall determine, which, together with his or her prior training and experience in this or any other jurisdiction, is the equivalent required for certification as a police officer in accordance with RSA 106-L in order to qualify for appointment pursuant to RSA 381:2.

Source. 1979, 331:1. 1989, 260:4, eff. July 1, 1989. 2017, 206:16, eff. Sept. 8, 2017.

Section 381:5

381:5 Powers. – Any police officer appointed in accordance with this chapter shall have the authority in all cases in which the rights of the appointing railroad are involved to exercise within this state all the powers of a special police officer, including the powers of arrest and the carrying of firearms, for the reasonable purpose of his office.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:6

381:6 Disposition of Persons Arrested. – The keepers of jails, lockups and station houses in any county, city or town shall receive all persons arrested by railroad police for the commission of any offense against the laws of this state or the ordinances of any such city or town to be dealt with according to law, and persons arrested shall be received by keepers of jails, lockups or station houses and such persons shall have the same status as other persons arrested by any other police or peace officer of this state.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:7

381:7 Carrying of Shield. – Each railroad police officer so appointed and commissioned shall, when on duty, carry a shield or star with the words "Police", "Railroad Police", or "Railway Police", and the name of initials of the appointing railroad inscribed thereon. This shield, or star, shall be worn in plain view when in uniform. Such police officers shall also carry, when on duty, an identification card issued by the appointing railroad.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:8

381:8 Compensation. – The railroad to which each railroad police officer is assigned shall be responsible for employment and retirement compensation and for the financial cost of training of railroad police officers.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:9

381:9 Reciprocity. – In order to more effectively carry out the purposes of this chapter, the governor of this state, referred to as the empowering state, may enter into a reciprocal agreement with the governor of any other state, referred to as the reciprocal state, subject to any regulations prescribed under such agreement, empowering a railroad police officer with the right to perform any police function that can be lawfully exercised by a police officer of the reciprocal state relating to the detection and apprehension of any person committing an offense against the empowering or the reciprocal state, but only to the extent that such offense is committed on property owned, operated or maintained by the appointing railroad or committed against property owned or in the possession of such railroad.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:10

381:10 Termination of Authority. – Upon termination of employment of any railroad police officer, the powers of such police officer shall terminate. Within 10 days after such termination, the appointing railroad shall, through its designated chief police officer or, in the absence of a chief police officer, its chief operating officer, file a notice of termination of employment of such individual with the commissioner of safety.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:11

381:11 Rules. – The commissioner of safety shall have the authority to adopt rules, pursuant to RSA 541-A, to carry out the provisions of this chapter. Railroad police officers shall be subject to such rules.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:12

381:12 Impersonating an Officer. – Any person who impersonates a railroad police officer shall be guilty of a class B felony.

Source. 1979, 331:1. 2008, 225:2, eff. Jan. 1, 2009.

Section 381:13

381:13 Arraignment of Offenders. – Any police officer may carry a person arrested upon the cars of the railroad upon whose petition the officer was appointed to the next railroad station at which the train on which they are travelling stops, although in another county, and detain said person until he can be taken back to the county wherein the offense was committed. All persons so arrested shall be discharged or taken before a municipal or district court to answer for their offenses within 24 hours after their arrest, Sundays and holidays excepted.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:14

381:14 Criminal Trespass on Railroad Property. – Any person who enters or remains in a railroad station, upon the platform or grounds adjacent to a station, or upon any property of a railroad knowingly without license or privilege to do so, or a person who enters or remains upon or returns to said property in defiance of an order of a station agent or any police officer shall be guilty of criminal trespass as provided in RSA 635:2.

Source. 1979, 331:1. 1981, 74:1, eff. June 2, 1981.

Section 381:15

381:15 Reporting of Arrests. – Railroad police officers shall report all criminal offenses investigated and arrests by them within the state to the nearest state police troop station or to state police headquarters in such a manner as the director of state police shall prescribe.

Source. 1979, 331:1, eff. Aug. 21, 1979.

Section 381:16

381:16 Oath of Office. – Each police officer so appointed and commissioned shall, before entering upon the duties of his office, take an oath of office administered by the commissioner of safety or his designee.

Source. 1979, 331:1, eff. Aug. 21, 1979.