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Use-of-Force Continuum: New Hampshire Statutory Definitions

Training

Citation

H.B. 1645, 2020 Gen. Court, Reg. Sess. (N.H. 2020)

Passed and signed Jul. 16, 2020

Effective Jan. 1, 2021 (or 60 days after passage)

Summary and Notes

The state requires reporting of misconduct and prohibits the use of any chokehold by any law enforcement officer.

Relevant Excerpt

105:19 Reports of Misconduct by Law Enforcement Officers.
I. For the purposes of this section, "misconduct" means assault, sexual assault, bribery, fraud, theft, tampering with evidence, tampering with a witness, use of a chokehold, or excessive and illegal use of force as defined by the New Hampshire criminal code.
II. It shall be the duty of any law enforcement officer who observes misconduct by another law enforcement officer to notify the chief law enforcement officer in his or her department in writing immediately or as soon as is practicable after observing such misconduct. Within 7 days of receiving such notification, the chief law enforcement officer shall notify the police standards and training council of such misconduct in writing. If the chief law enforcement officer is the subject of the misconduct report, the reporting officer shall report directly to the police standards and training council.
25 New Paragraph; Physical Force in Law Enforcement; Chokeholds Prohibited. Amend RSA 627:5 by inserting after paragraph VIII the following new paragraph:
IX. The use of a chokehold by any law enforcement officer is prohibited, with the exception of the circumstances in paragraph II(a). In this paragraph, “chokehold” means the application of any pressure to the throat, windpipe, or neck, which prevents or reduces intake of air, or oxygen to the brain.

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