reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:18 - Line of Duty Injury.

106-B:18 Line of Duty Injury. –
Any injury, which is due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, received by any state police employee while on assignment, patrol, or duty that requires that the employee be hospitalized or to the extent that the employee is unable to perform normal or routine duties shall not be charged against earned sick leave or annual leave, and during such time the employee shall remain on the payroll. The commissioner of safety shall make the final determination as to whether the injury received is in line of duty and due to a hostile or overt act or an act caused by another during the performance of duties which are considered dangerous in nature, and the commissioner's decision is final, subject to approval of governor and council.
Source.
1965, 209:1. 2001, 291:2, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:18-a - Repealed by 2020, 37:4, VI, eff. July 29, 2020.

106-B:18-a Repealed by 2020, 37:4, VI, eff. July 29, 2020. –
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:19 - Auxiliary State Police.

106-B:19 Auxiliary State Police. –
The director is authorized to recruit, train, and organize an auxiliary state police force for the purpose of providing emergency services throughout the state for peacetime or wartime emergencies or threatened emergencies and for augmenting the state police force in such manner as the director may deem appropriate. Notwithstanding other provisions the director may recruit such auxiliary force from retired state or local police. Such auxiliary force shall at all times be under the direction and control of the said director and shall be subject to rules adopted by the director under RSA 541-A and shall be limited to specific hours in any given calendar year for part-time police officers adopted in rules under RSA 541-A by the police standards and training council, pursuant to RSA 106-L:6, III.
Source.
1965, 374:1. 1987, 124:11, eff. July 1, 1987. 2013, 132:1, eff. June 25, 2013. 2017, 206:9, eff. Sept. 8, 2017. 2023, 79:476, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:20 - Appointment and Qualifications.

106-B:20 Appointment and Qualifications. –
Members of the state police auxiliary force shall be appointed by the director. Each member of the force shall be: (1) a citizen of the United States; (2) a resident of the state of New Hampshire for at least 6 months immediately preceding his appointment; (3) free from conviction of a felony in this state or any other state; (4) at least 21 years old.
Source.
1965, 374:1, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:21 - Authority.

106-B:21 Authority. –
All members of the auxiliary force shall be ex officio constables throughout the state and shall possess the same police powers as granted to state police employees in RSA 106-B:12 and 13, but such police powers shall extend only during the period when such member is on official duty.
Source.
1965, 374:1, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:22 - Uniforms and Equipment.

106-B:22 Uniforms and Equipment. –
The director may provide for members of the auxiliary police force uniforms and equipment necessary in the performance of their duties, but all such property shall remain the property of the state. The director shall maintain an inventory of said property and shall charge against each member the value of the property issued to him. If it shall be determined by the director that any loss or destruction of such property was due to carelessness or neglect on the part of such member the value of such property shall be paid by such member and the amount thereof may be deducted from the compensation of such member.
Source.
1965, 374:1, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:23 - Compensation.

106-B:23 Compensation. –
All members of the auxiliary force shall be compensated for their services while actively engaged in the performance of their official duties at rates as fixed by the director.
Source.
1965, 374:1, eff. July 1, 1965.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:25 - Workers' Compensation.

106-B:25 Workers' Compensation. –
Members of the auxiliary force shall be considered state employees for the purpose of workers' compensation for state employees under RSA 8:60, 61 and 62.
Source.
1965, 374:1. 1983, 380:2, eff. July 1, 1983.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:26 - Applicability.

106-B:26 Applicability. –
I. This subdivision shall apply to the enforcement of provisions of the motor vehicle laws by the state police, including clearing roads and entrances of stolen, unregistered, illegally parked, disabled or abandoned vehicles, vehicles involved in accidents or crimes or other situations, regarding the removal, storage, and release of such vehicles towed and transported by wreckers, towing, and emergency road service organizations in a fair and equitable manner, upon request of the division of state police:
(a) In response to requests from owners or custodians of vehicles that have encountered mechanical problems that rendered them inoperable or unsafe to be driven;
(b) In response to requests from a state trooper when a vehicle has been abandoned on private property without consent of the property owner;
(c) When a vehicle is found obstructing the passage of vehicles from a public street or highway onto the driveway of such private property or public building;
(d) When a vehicle was involved in a traffic accident or crime or its driver is incapacitated or under arrest, or is without a valid driver 's license;
(e) When a vehicle is interfering with snow removal or highway maintenance;
(f) When a vehicle has been left unattended within a state-owned park and ride facility for a period greater than 21 days; or
(g) When a vehicle is without proper registration or apparently unsafe to be driven.
II. Nothing in this subdivision shall restrict the authority of town and city law enforcement agencies to enforce relevant state statutes, to enact local bylaws or ordinances not in conflict with any state law or administrative rule regarding the clearance of disabled, abandoned, illegally parked, unregistered, or stolen vehicles or vehicles involved in crimes or collisions in areas where the local police have sole or shared jurisdiction with state police, or to enter into contractual agreements with tow companies for the removal of vehicles at the request of local authorities.
Source.
2021, 204:2, Pt. II, Sec. 2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:32 - Recordkeeping; Mandatory Records.

106-B:32 Recordkeeping;  Mandatory Records. –
I. Each operator or business on the rotating list shall maintain a record system covering all services performed in roadside service, pulling, towing, or transporting vehicles in response to calls from the state police, which shall include the following information:
(a) The date and time of day the business was contacted and requested to the scene and the times of arrival and departure from the scene.
(b) The name of the person requesting the service.
(c) The location of the vehicle or incident.
(d) A description of the vehicle including license plate and vehicle identification number.
(e) The name and address of the owner or lessee of the vehicle, if known.
(f) The name and address, date of birth, driver license number, and licensing state or province of the driver of the vehicle, if known.
(g) The service or towing charge and other related fees.
II. All such records shall be available for inspection and copying by state troopers or agents of the department of safety during normal business hours at the place of business of the wrecker business, and shall be maintained for the current calendar year and the year immediately prior to the current calendar year.
Source.
2021, 204:2, Pt. II, Sec. 2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:33 - Confiscated Vehicles; Impoundment.

106-B:33 Confiscated Vehicles;  Impoundment. –
A state trooper may impound or confiscate a vehicle towed by a tow business that is on the rotation list in furtherance of law enforcement duties, such as when the vehicle is reported stolen or involved in a crime, is unsafe to be driven, or is to be processed for possible forensic evidence of a crime. In such events:
I. The vehicle may be towed to a location specified by the processing officer to facilitate evidence preservation, collection, or processing, otherwise it shall be securely stored on the premises of the towing service.
II. The wrecker business shall not release the vehicle to anyone unless and until authorized to do so by the trooper who arranged for the hold or a state police officer superior in rank to that trooper, or on an order by the court.
III. The tow business shall not allow anyone except a member of the law enforcement agency having jurisdiction or someone having written permission from the state police to enter, inspect, or touch the vehicle or any parts from the vehicle.
IV. When the vehicle is released, the tow business shall require that the person to whom the vehicle is released display a valid photo driver license or other official government photo identification, and the tow business shall keep a photocopy of such card or document.
Source.
2021, 204:2, Pt. II, Sec. 2, eff. Oct. 9, 2021. 2022, 301:6, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:34 - Compliance Action; Disciplinary Enforcement.

106-B:34 Compliance Action;  Disciplinary Enforcement. –
Participation in the state police tow list is a privilege, not a right. The director of state police is charged with the responsibility of ensuring that the towing, storage, roadside emergency service, and recovery of vehicles at the direction or request of the division of state police is accomplished consistent with state law and administrative rules and in a manner that maintains the confidence and respect of the motoring public. To accomplish this, the director may take appropriate action to uphold the integrity and efficiency of the tow list and the duties and responsibilities of businesses participating in the list and their owners, managers, and employees. The director may take appropriate action including removal of a tow business or a tow business employee from participating in the tow list, and which may include upon satisfactory evidence of violations or deliberate noncompliance, a verbal or written warning, suspending the business or employee or both from the list for a period of one to 120 days, or removal from the list and ineligibility for restoration for up to 2 years, depending on the seriousness of the offense, any prior history of violations, and any resulting harm. Causes for such action shall include violations of the equipment and other requirements set forth in RSA 106-B:28, and the provisions of RSA 106-B:29 through 106-B:33. Disciplinary actions may be appealed to the department of safety bureau of hearings and to the superior court as provided in RSA 106-B:31, XIV.
Source.
2021, 204:2, Pt. II, Sec. 2, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:35 - Definitions.

106-B:35 Definitions. –
As used in this subdivision:
I. "Contact person notification program" or "program" means the program developed and operated pursuant to this subdivision.
II. "Law enforcement officer" means any state, county, or municipal law enforcement officer.
III. "Participating person" means a person:
(1) Who voluntarily provides to a law enforcement agency contact information for a person or persons to assist with communications and better assist the person with disabilities by providing law enforcement with vital information on the specific needs to aid the participating person; or
(2) Who has a legal guardian under RSA 464-A and for whom the legal guardian provides to a law enforcement agency contact information to assist with communications, and better assist the person with disabilities by providing law enforcement with vital information on the specific needs to aid the participating person.
Source.
2023, 79:381, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:36 - Contact Person Notification Program.

106-B:36 Contact Person Notification Program. –
I. The division of state police shall develop and implement a contact person notification program to assist a law enforcement officer with communications with a participating person during an encounter between the participating person and the law enforcement officer. The program shall provide the law enforcement officer with access to contact information for a person that is voluntarily submitted by a participating person or the legal guardian of a participating person. The program shall be capable of interfacing with the state police online telecommunications system (SPOTS).
II. The division of state police shall develop and implement standards of procedure for the operation of the program for law enforcement agencies consistent with policies adopted by the department of safety. The standards shall address processing the application of a participating person or that person's legal guardian, determining the validity of identity and legal guardianship information, entering contact information into the state police online telecommunications system (SPOTS), procedures for a participating person or that person's legal guardian to withdraw from the program, and procedures for a law enforcement officer to access contact information.
Source.
2023, 79:381, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:1 - Definitions.

106-C:1 Definitions. –
In this chapter:
I. "Emergency" means a riot, as that term is used in RSA 644:1, and a natural disaster of major proportions, such as fire, flood, hurricane, earthquake, or any other disaster or emergency.
II. "Emergency police assistance" means assistance during an emergency, as defined in paragraph I, and assistance during a critical incident emergency, as defined in paragraph VIII.
III. "Chief executive officer" means the high sheriff of a county or chief of police of a city or town.
IV. "Police department personnel" means all sheriffs, deputy and special sheriffs, and all police personnel and constables regularly employed on full or part-time duty by a police department or police force of the state, or of any county, city, town, village or precinct in the state, but not including the members of a police department auxiliary.
V. "Local police departments" includes the police department of cities and towns, precincts and village districts.
VI. "Municipality" means any city, town, precinct or village district.
VII. "Special reaction team" means any distinct unit of a police department or any regional unit comprised of more than one police department organized and equipped for the purpose of responding to critical incident emergencies and whose members have been specially trained to respond to such emergencies.
VIII. "Critical incident emergency" means a life-threatening incident of major proportions, including, but not limited to, hostage situations, barricaded persons, and situations involving armed persons.
Source.
1967, 431:1. 1999, 342:1, eff. Jan. 9, 2000.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:2 - Provisions Effective During Emergency.

106-C:2 Provisions Effective During Emergency. –
The provisions of this chapter shall be effective during, and only during, periods of emergency as defined in RSA 106-C:1, I.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:3 - Inter-Community Police Assistance.

106-C:3 Inter-Community Police Assistance. –
Any county may by order of the county commissioners and any municipality may, by law or ordinance, authorize and permit the sheriff's department or the chief or head of its police department to extend assistance in time of emergency to any other county or municipality, subject to such restrictions and conditions as may be imposed by such order, law or ordinance.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:3-a - Inter-Community Special Reaction Team Assistance for Critical Incident Emergency.

106-C:3-a Inter-Community Special Reaction Team Assistance for Critical Incident Emergency. –
The chief executive officer, or such officer's designee, of a police department with the special reaction team or the person designated by the chief executive officers of the member communities of a regional special reaction team as authorized to order the deployment of such regional special reaction team is authorized to assign the special reaction team to extend assistance to any other county or municipality in times of a critical incident emergency. Requests for such assistance shall be made by the chief executive officer, or such officer's designee, of the police department in need of emergency police assistance for a critical incident emergency. Requests for such assistance may also be made by the ranking on-duty state police officer when the state police is coordinating the response to a critical incident emergency and is in need of emergency police assistance, or by the commander of a regional special reaction team when that team is coordinating the response to a critical incident emergency and is in need of emergency police assistance.
Source.
1999, 342:2, eff. Jan. 9, 2000.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:4 - Powers, Rights, Privileges and Immunities.

106-C:4 Powers, Rights, Privileges and Immunities. –
Whenever pursuant to the authority granted under this chapter, the members of a local police department, or of the state police or the sheriff's department are engaged in assisting another county or municipality in combatting an emergency in such other county or municipality, such police department personnel shall possess the same powers, and have the same duties, rights, privileges and immunities they would have if they were performing the said duties for the county or counties, municipality or municipalities to whose sheriff's or police department they are normally attached.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:5 - Loss, Damage or Expense.

106-C:5 Loss, Damage or Expense. –
In case any county or municipally-owned equipment is damaged or lost, or in the event that any expense is incurred in connection therewith in answering a call for assistance made by another county or municipality, by reason of an emergency in another county or municipality, such loss, damage or expense, together with the cost of any material or supplies used in connection with meeting such emergency, shall be a charge against and shall be paid by such other county or municipality which issued the call for assistance. No claim for any such loss, damage, or expense shall be allowed unless, within 60 days after the loss, damage or expense is sustained or incurred, an itemized notice of such claim, authenticated under oath, is served, personally, or by registered mail return receipt requested, by the duly authorized representative of the police department concerned, upon the principal executive officer of the county or municipality to which such assistance was rendered.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:6 - Liability for Acts or Omissions.

106-C:6 Liability for Acts or Omissions. –
Neither the state nor any county or municipality whose police department personnel, pursuant to the provisions of this chapter, are rendering emergency police assistance to another county or municipality, shall be liable by reason of any act or omission on the part of such police department personnel while so engaged; or on account of the maintenance or use of any equipment or supplies used in connection with the rendering of such assistance; nor shall any county commissioner, police commissioner, sheriff, police chief or other superior officer of any police department, sheriff's office or the state police, acting pursuant to the provisions of this chapter, be liable by reason of any act or omission on the part of any of his subordinates when they are rendering emergency assistance, under the command of an officer other than himself, in a county or municipality other than that in which they normally are employed.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:7 - Reimbursement for Salaries and Expenses.

106-C:7 Reimbursement for Salaries and Expenses. –
Any county or municipality within the state of New Hampshire, which receives emergency assistance pursuant to the provisions of this chapter, shall reimburse the county or municipality which furnishes such aid for the compensation which was paid to police department personnel engaged in such assistance; for actual travel and maintenance expense for such employees while rendering such aid.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:8 - Donation of Services.

106-C:8 Donation of Services. –
Nothing contained herein shall prevent any county or municipality which renders assistance to another county or municipality within the state from assuming such loss, damage, expense, or other cost, or from loaning police equipment, or from donating the services of such personnel and such equipment without charge or cost to the county or municipality requiring assistance.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:9 - Recall From Service Outside of a Municipality or County.

106-C:9 Recall From Service Outside of a Municipality or County. –
If, while any police department personnel or equipment pertaining to a New Hampshire county or municipality is engaged in rendering emergency police assistance upon call in another county or municipality within the state, an emergency develops within the county or municipality to which the assisting police department personnel and equipment pertain, the chief executive officer of such county or municipality shall determine whether such personnel and equipment shall be recalled in order to meet the local emergency. Upon the recall order issued by such chief executive officer of the assisting county or municipality, the personnel and equipment shall forthwith return to their normal stations or to the place specified in such recall order. The decision of the chief executive officer of the assisting county or municipality, made under the emergency conditions contemplated by this chapter, shall supersede any agreements or arrangements for mutual assistance entered into as provided in RSA 106-C:10.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-C - Emergency Police Assistance › Section 106-C:10 - Reciprocal Relations With Other Counties or Municipalities.

106-C:10 Reciprocal Relations With Other Counties or Municipalities. –
The chief executive officers of the counties or municipalities are authorized within the provisions of this chapter, to enter into agreement with other counties or municipalities within the state concerning the methods by which emergency police assistance will be rendered as provided in this chapter.
Source.
1967, 431:1, eff. Sept. 5, 1967.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:2 - Director, Division of State Police.

106-D:2 Director, Division of State Police. –
For the purposes of this chapter, the director of the division of state police shall be this state's representative to the conference.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:3 - Powers of Director.

106-D:3 Powers of Director. –
The director shall not request aid from without the state, pursuant to Article VII B of the compact, until he has received the concurrence of the governor in such request. The governor, in his discretion, may withhold or recall the police forces of this state or any part or any member thereof, serving without its borders.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:4 - Alternate to Conference.

106-D:4 Alternate to Conference. –
The director is authorized to designate an alternate to serve in his place and stead on the conference as permitted by Article III B-C of the compact. However, it is the intention of the legislature that the director shall attend and participate in the work of the conference in person to the maximum extent practicable.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:5 - Retirement System.

106-D:5 Retirement System. –
The New England State Police Conference may, by resolution legally adopted in form approved by the board of trustees of the New Hampshire retirement system, elect to have its New Hampshire officers and employees become eligible to participate in the said retirement system. After such election, said conference shall be known as an employer for the purposes of RSA 100-A. The board of trustees of the New Hampshire retirement system shall set a date when the participation of the officers and employees of the conference shall become effective, and then such officers and employees may become members of the said retirement system and participate therein.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:6 - Membership Retirements.

106-D:6 Membership Retirements. –
Membership in the New Hampshire retirement system shall be optional for the New Hampshire officers and employees of said conference who are in its service on the date when participation becomes effective and any such officer or employee who elects to join said system shall be entitled to a prior service certificate covering such periods of previous service rendered to such conference or the state for which the conference is willing to make accrued liability contributions. Membership shall be compulsory for all New Hampshire employees entering the service of the conference after the date participation becomes effective.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:7 - Reports.

106-D:7 Reports. –
The chief fiscal officer of the conference shall submit to the board of trustees such information and shall cause to be performed, with respect to the New Hampshire employees of said conference who are members of said retirement system, such duties as shall be prescribed by the board of trustees in order to carry out the provisions of the state employees' retirement system.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-D - New England State Police Compact › Section 106-D:8 - Repeal of Compact.

106-D:8 Repeal of Compact. –
Renunciation, within the meaning of Article II of the compact shall be accomplished by act of the legislature repealing the compact and by notice in accordance with said article. In the event of such an act of repeal, the governor shall send the necessary notice to the other party states.
Source.
1969, 224:1, eff. June 11, 1969.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:1 - Declaration of Purpose.

106-F:1 Declaration of Purpose. –
The purpose of this chapter is to:
I. Provide reasonable supervision of private investigative agencies and their employees, security guard services and their employees, and individuals licensed as private investigators, security guards, and bail recovery agents doing business in this state.
II. Ensure the honesty, good character, and integrity of individuals, licensees, and license holders.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:3 - License Required; Registration of Foreign Corporations.

106-F:3 License Required;  Registration of Foreign Corporations. –
I. No person shall engage in the business of a private investigative agency, security guard agency, or bail recovery agency without obtaining a private investigative, security guard, or bail recovery agency license from the commissioner, and no person shall engage in the business of private investigative service, security guard service, or bail recovery service without obtaining a license from the commissioner.
II. No person shall become an employee of a private investigative agency, a security guard agency, or a bail recovery agency without first obtaining a license to do so from the commissioner.
III. Any out-of-state applicant incorporated under the laws of any other state, desiring to do business in this state pursuant to this chapter, shall be deemed to be a foreign corporation and shall be required to register under and comply with the provisions of RSA 293-A.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:6 - Issuance of License; Identification Card.

106-F:6 Issuance of License;  Identification Card. –
I. Following review of the application and the applicant's references, and investigation into the character, competency, and integrity of the applicant, the commissioner shall as soon as practicable issue a license or renewal license in the form prescribed by the commissioner to the applicant, or notify the applicant of denial of the application. Notification of licensure or the denial of a license shall be forwarded to local law enforcement in the community in which the licensee resides.
II. Prior to approval of any armed private investigator, armed bail recovery agent, or armed security guard license issued under this chapter, the applicant shall submit to a fingerprint examination conducted by the Federal Bureau of Investigation, and the department of safety shall be authorized to use the records of the Federal Bureau of Investigation in the screening of applicants.
III. All persons licensed under this chapter shall carry identification cards developed under rules adopted by the commissioner pursuant to RSA 541-A.
IV. Applications for license renewals shall be reviewed subject to the provisions of RSA 541-A:30.
V. The commissioner of safety may disapprove the employment of any individual for just cause. An appeal from such decision shall be permitted as set forth in RSA 106-F:13.
VI. The commissioner shall notify an applicant of an application denial in writing, including a complete statement of the reasons for denial. An applicant may request a hearing on such denial within 15 days of receipt of the notice of denial. Not later than 30 days following receipt of a timely request for hearing, the commissioner shall hold a hearing on the denial, and shall notify the applicant of the time, date, and place of such hearing in writing. Hearings under this section shall be held pursuant to the contested case provisions of RSA 541-A:31-36.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:7 - License Application and Renewal Fees.

106-F:7 License Application and Renewal Fees. –
I. The fee for a private investigative agency license, a bail recovery service license, or a security guard service license shall be $150 for an agency or service employing one person licensed under this chapter and $350 for an agency or service employing more than one such person. A person may hold one or more types of license at any given time, provided that a separate fee shall be paid for each license so held. Licenses shall be valid for 2 years after the date of issue and shall be renewed every 2 years thereafter, upon application and payment of the fee and submission of certified evidence that the surety bond remains in force. The application for renewal shall be submitted at least 15 days before the expiration of the previously granted license.
II. The commissioner shall set a reasonable fee, not exceeding $100, which the commissioner shall adopt by rule under RSA 541-A, to cover the expenses of licensing employees under this chapter, including the cost of any background investigation or criminal records check. Such fee shall be paid by the service or agency employing such employee and shall be paid before the license is issued. Such licenses shall be valid for 2 years after the date of issue and shall be renewed upon the completion and filing of an application for renewal which meets the requirements of this chapter submitted at least 15 days before the expiration of the previously granted license.
III. All fees collected under this chapter shall be paid into the general fund of the state.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:8 - Licensee Firearms Proficiency.

106-F:8 Licensee Firearms Proficiency. –
I. All armed security guards, armed private investigators, and armed bail recovery agents shall meet the following minimum requirements in the proficiency in the use of firearms upon initial licensure and at least once per year.
(a) The practical pistol or revolver course or the tactical revolver or pistol course, as determined by the commissioner for the weapon being carried, with a minimum qualification score of 75 percent.
(b) Shotgun familiarization course required for all security officers and bail recovery agents whose employers issue, or have as part of their equipment, shotguns, and a rifle qualification course if a rifle is part of their equipment.
(c) Four hours of instruction, to include firearms techniques and safety, laws on the use of deadly force, and the moral and ethical use of force. Only qualified firearms instructors shall be used to certify the successful completion of the requirements.
II. Individuals shall be considered for firearms instructor certification if they successfully complete one of the following courses:
(a) Police standards and training council firearms instructor school or a firearms instructor school accredited by the police officer standards and training agency of another state, the F.B.I. firearms instructor school, the Smith and Wesson, Sig Sauer, or Ruger firearms instructor schools, the National Rifle Association police firearms instructor course; or
(b) An equivalent course as determined by the commissioner of safety on an individual basis.
III. Nothing in this chapter shall prohibit a licensee from possessing or carrying a firearm for his or her personal protection as otherwise provided by law.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:10 - Prohibitions.

106-F:10 Prohibitions. –
I. Any licensee who is not licensed for firearms proficiency under RSA 106-F:8 shall not openly carry or display any weapon, nor publish or advertise in any way that he or she is carrying a weapon for personal protection. This prohibition shall not be construed to prohibit a person otherwise qualified from carrying a concealed weapon.
II. No trade name or designation shall be used which implies any association with any municipal, county, state, or federal government or agency thereof. No licensee shall use a badge of any kind for identification purposes, except a security guard, who, if he or she wears any type of badge, shall wear one badge on the left breast of his or her uniform and one on his or her cap while on duty as a security guard. The word "police" shall not be used in any way, on any seal, card, badge, or advertisement by the licensee.
III. No person shall:
(a) Provide any service requiring licensure under this chapter who is not licensed under this chapter.
(b) Falsely represent that a person holds a valid license issued under this chapter.
(c) Possess a license or identification card issued to another person under this chapter.
(d) Engage in advertising or the use of any seal or card which, in the opinion of the commissioner, may tend to mislead the public.
IV. No person who is a sworn law enforcement officer employed by the state of New Hampshire, any of its political subdivisions, any other state or its political subdivisions, or the federal government, shall be issued or hold a private investigator license or agency license under this chapter.
V. Except as permitted under RSA 173-B:5-a and RSA 633:3-a, III-d, no licensee or license holder shall engage in activity or stand in the stead or as agent or representative of a person or legal entity that is judicially or statutorily prohibited from making inquiry or having contact, or otherwise legally barred from the activity requested of or performed by the licensee or license holder. A representation made by the engaging person or legal entity, taken in good faith, that no such prohibition exists shall be an affirmative defense regarding a violation of this section. A licensee who becomes aware of a prohibition shall immediately desist from further prohibited activity; shall not provide information gained through the prohibited activity to another person; and, if such information has been provided, shall have a duty to notify any aggrieved person.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:11 - Rulemaking; Enforcement.

106-F:11 Rulemaking;  Enforcement. –
I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the:
(a) Form of original and renewal licenses and applications therefor;
(b) Examination procedures for license applications;
(c) Requisite standards of applicant and licensee integrity and reputation for honesty;
(d) Continuing education requirements for licensees, including certifying individuals or entities including professional associations and employees of agencies as qualified to provide such training or education to licensees.
(e) Use of funds for administration and enforcement of this chapter;
(f) Revocation of licenses; and
(g) Creation of an advisory board to review complaints and licensing issues.
II. The commissioner of the department of safety shall have the authority to enforce the provisions of this chapter, which authority shall not be restricted by RSA 106-B:15.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:12 - Suspension or Revocation; Cessation of Operation.

106-F:12 Suspension or Revocation;  Cessation of Operation. –
I. The commissioner may revoke or suspend a license issued under this chapter, after a hearing, if the licensee:
(a) Violates any provision of this chapter or any rules adopted under this chapter.
(b) Is convicted of fraud, deceit, or misrepresentation, or a felony of any type, or a misdemeanor associated with theft, dishonesty, physical assault, violation of a protective order, abuse of any type, or use of or sale of illegal drugs in New Hampshire or any other jurisdiction in the United States, its possessions, or territories.
(c) Suffers from any diagnosable mental illness to an extent that would cast doubt on the licensee's ability to carry out his or her essential job functions in a manner not dangerous to himself or herself or the public, or to faithfully comply with the provisions of this chapter.
(d) Makes a material misstatement in a license application or application for license renewal.
II. Unless a license revocation or suspension issued under this section is appealed, the licensee shall immediately cease operations for the time period ordered in the suspension notice, or permanently if her or his license has been revoked. The licensee shall immediately notify all its clients of such revocation or suspension. The licensee shall forward a copy of each such notification to the commissioner, and keep a copy of each such notification in its business records.
III. Any license suspended or revoked under this section shall be surrendered to the commissioner within 72 hours of receipt of the notice of suspension or revocation by the licensee, subject to the provisions of RSA 106-F:13.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:13 - Appeal.

106-F:13 Appeal. –
All decisions by the commissioner affecting licensing shall be mailed by certified mail to the applicant's last known address. Appeals from such decisions to the superior court shall be permitted as a matter of right, if taken within 30 days after the date received. In any such appeal the right to trial by jury shall be obtained, if requested in advance. No appeal taken from a decision of the commissioner shall suspend the operation or effect of such decision unless so ordered by a justice of the superior court.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:14 - Penalty.

106-F:14 Penalty. –
Any person who engages in business as a private investigative agency, bail recovery agency, or security guard service without first having obtained a license therefor or who violates any other provisions of this chapter shall be guilty of a misdemeanor for a natural person and a felony for any other person.
Source.
2019, 324:1, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-F - Private Investigators, Security Guards, and Bail Recovery Agents › Section 106-F:15 - Advisory Board.

106-F:15 Advisory Board. –
I. There is hereby established an advisory board to review complaints and licensing issues relative to private investigative agencies, bail recovery agent services, and security guards and security services. Each appointed member shall be appointed by the governor and approved by the council. A member shall continue to serve until a successor is appointed by the governor and council. Members of the board shall serve without compensation. Appointed members shall each serve a term of 3 years. No appointed member shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 3-year term shall be deemed a full term. Initial appointments made by the governor shall be staggered for terms of one, 2, or 3 years.
II. The board shall consist of:
(a) Three members licensed in New Hampshire as private investigators and who have been so licensed for the last 5 years.
(b) Two members of the general public who are not and have never been licensed in New Hampshire or another jurisdiction as private investigators, security guards, or bail recovery agents and who are not the spouse of any such person and who do not have and never have had a material interest in either the provision of private investigation services, private security services, or bail recovery services, or an activity directly related to private investigation, private security services, or bail recovery services, including representation of the board or profession for a fee at any time during the 5 years preceding their appointments.
(c) One member of the law enforcement community.
(d) One member licensed in New Hampshire as a security guard or bail recovery agent and who has been so licensed for the last 3 years.
(e) The commissioner of the department of safety, or designee.
III. The board shall elect a chairperson and vice-chairperson from its members.
Source.
2019, 324:1, eff. July 1, 2019.