HB 1204 - AS INTRODUCED
2024 SESSION
24-2411
09/08
HOUSE BILL 1204
AN ACT relative to government agent entries into secured premises.
SPONSORS: Rep. Spillane, Rock. 2; Rep. Aures, Merr. 13; Rep. Notter, Hills. 12; Rep. Aron, Sull. 4; Rep. Jonathan Smith, Carr. 5
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes requirements for when a government agent may enter a secured premises without a warrant.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2411
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to government agent entries into secured premises.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be known and cited to as the "New Hampshire Property Protection Act".
2 New Section; Warrantless Searches. Amend RSA 595-A by inserting after section 10 the following new section:
595-A:11 Warrantless Searches.
I. For purposes of this section:
(a) “Government agent” means any local or state official, except where otherwise noted, who is employed or contracted by a government body in this state.
(b) “Probable cause” means the presence of facts and circumstances within the government agent’s knowledge that would warrant a person of reasonable caution to believe that an offense has been or is being committed.
(c) "Secured premises” means any place which is posted in a manner prescribed by RSA 207:22-a and 635:4; which is otherwise posted in a manner reasonably likely to come to the attention of intruders; or which is fenced or otherwise enclosed in whole or in part so as to exclude intruders.
(d) “Warrant” means a court order authorizing a search or seizure that is supported by individualized probable cause and executed by a magistrate or judge.
II. Notwithstanding any other provision of law, no government agent shall enter any secured premises without a search warrant except:
(a) After receiving the permission of the property owner, lessee, or occupant; or
(b) To respond to exigent circumstances, such as a life-threatening emergency or another immediate threat to public safety that was either reported to the agent or the agent personally observed.
III. Upon entering private land, a government agent shall immediately notify the landowner, lessee, or occupant if notice can be reasonably made.
IV. Unless entering private land pursuant to consent or exigent circumstances, a government agent shall show the search warrant authorizing entry to the property owner, lessee, or occupant if they are present.
V. If a government agent is equipped with a body-worn camera while entering a secured premises, the camera must be activated and recording the entire time the agent is on the premises.
VI. A government agent shall not seize any private property from a secured premises without first acquiring a warrant authorizing said seizure, or unless the agent has entered the secured premises pursuant to consent or exigent circumstances and has individualized probable cause of the commission of a criminal offense justifying said seizure.
VII. Any evidence obtained pursuant to a search or seizure conducted in violation of this section is inadmissible in any administrative, civil, or criminal proceeding.
VIII. Any arrest made pursuant to a search or seizure conducted in violation of this section is invalid.
IX. The provisions of this section shall not apply to conservation officers and other officers of the fish and game commission, who may exercise the authority granted to them pursuant to RSA 206:26, I, to go upon any property outside of buildings to the extent necessary for enforcing the state’s laws, rules, and regulations related to wildlife.
3 Effective Date. This act shall take effect January 1, 2025.