reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:2-a - Police Chiefs; Powers; Dismissal.

105:2-a Police Chiefs;  Powers;  Dismissal. –
Subject to such written formal policies as may be adopted by the appointing authority, each chief of police, superintendent of police, or city marshal of any city or town who is appointed rather than elected, shall have authority to direct and control all employees of his or her department in their normal course of duty and shall be responsible for the efficient and economical use of all department equipment. Such chief, superintendent, or city marshal shall be subject to suspension without pay or dismissal only for cause, and after he or she has been presented with a written specification of the reasons. Upon such suspension or dismissal, he or she shall be entitled to a hearing, on the merits and reasonableness of the action, in superior court in the county in which the municipality is located, provided that he or she petitions the clerk of the superior court for such a hearing within 45 days of his or her suspension or dismissal. The court shall have the power to affirm, modify, or negate such suspension or dismissal, based upon its findings.
Source.
1973, 371:1. 2005, 24:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:3 - Powers; Compensation.

105:3 Powers;  Compensation. –
All police officers are, by virtue of their appointment, constables and conservators of the peace. They shall receive such compensation as may be voted by the town, and the same fees as constables.
Source.
RS 114:3. CS 120:5. GS 235:6. GL 253:5. PS 249:3. PL 363:3. RL 422:3.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:3-a - Name Tag Required.

105:3-a Name Tag Required. –
I. Every police officer, while on active duty, shall wear on his uniform in a clearly visible place a name tag printed with his name. The tag shall be furnished to the officer by the state or political subdivision thereof which employs the officer at no cost to the officer.
II. This section shall not apply to a police officer on special duty when such duty requires that his identity as a police officer not be disclosed.
Source.
1975, 289:1, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:4 - Employment.

105:4 Employment. –
The selectmen, or superintendent under their direction, may employ police officers in the detection and conviction of criminals and the prevention of crime in their town, and in the preservation of order on public or special occasions.
Source.
1852, 1226:2. CS 120:2. GS 235:2. GL 253:2. PS 249:4. PL 363:4. RL 422:4.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:6 - Police Regulations.

105:6 Police Regulations. –
The police officers of a town may make regulations for the stand of hacks, drays, public automobiles, and carts, in any street, lane, or alley; for the height and position of any awning, shade, or fixture in front of or near a building; and respecting any obstruction in any street, lane, or alley, or in any stable or other outbuilding.
Source.
RS 114:7. CS 120:9. GS 235:7. 1877, 30:1. GL 253:6. PS 249:5. 1917, 70:1. PL 363:6. RL 422:6. RSA 105:6. 1993, 301:2, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:7 - Approval, Etc.

105:7 Approval, Etc. –
Such regulations shall not take effect until they have been approved by the selectmen, and, together with such approval, have been recorded by the town clerk, nor until they have been published in some newspaper printed in the town, or, if there be none, until they have been posted in 2 or more public places in the town.
Source.
RS 114:8. CS 120:10. GS 235:8. GL 253:7. PS 249:6. PL 363:7. RL 422:7.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:8 - Penalty.

105:8 Penalty. –
If a person violates any such regulation he shall be guilty of a misdemeanor.
Source.
RS 114:7. CS 120:9. GS 235:7. GL 253:6. PS 249:7. PL 363:8. RL 422:8. RSA 105:8. 1973, 528:35, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:9 - Police Attendance at Public Meetings or Functions.

105:9 Police Attendance at Public Meetings or Functions. –
I. Any person desiring to conduct a public dance, circus or carnival shall make application for police attendance at that function. Any person who conducts a public dance, circus, or carnival without first making application for police attendance at that function is guilty of a violation.
II. The chief of police in any city or town, subject to the written approval of the mayor and board of aldermen, board of selectmen, or licensing board shall examine applications for police attendance at public dances, circuses and carnivals and determine if such attendance is necessary. If the chief of police decides police attendance is necessary, he shall detail one or more police officers to attend whose services shall be paid for by the applicant.
III. The chief of police shall have the authority to assign police details to attend any public meetings or functions which he determines may potentially:
(a) Involve traffic-related problems; or
(b) Lead to a public disturbance or public nuisance; or
(c) Endanger public health, safety or welfare.
III-a. The applicant or sponsor of any public meeting or function may be charged for the services of any police officers that may be detailed or assigned to that meeting or function, unless charges authorized by this section for the services of a police officer are waived by the chief of police when in his judgment such authorization does not conflict with an existing local ordinance or policy.
IV. The chief of police, the police department, and any city, town, or political subdivision shall not be held liable for any decision not to detail police officers to attend any public meeting or function.
Source.
1925, 124:1. PL 363:9. RL 422:9. RSA 105:9. 1971, 108:1. 1973, 528:36; 529:16. 1983, 290:1. 1985, 5:1. 1986, 72:1, eff. July 11, 1986.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:9-a - Employing Police.

105:9-a Employing Police. –
The chief of police in any city or town may, in order to meet the requirements set forth in RSA 105:9, employ certified police officers of any other town in this state to preserve order among the persons attending any public meeting or function. Such officers shall have the powers there which they have in the towns for which they are appointed, and their services shall be paid for by the sponsor of the public meeting or function.
Source.
1863, 2717. GS 255:14. GL 273:14. PS 271:12. PL 385:12. RL 448:12. RSA 578:12. 1973, 532:20. 1983, 290:2, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:9-b - Repealed by 1983, 290:3, eff. Aug. 17, 1983.

105:9-b Repealed by 1983, 290:3, eff. Aug. 17, 1983. –
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:10 - Watchmen.

105:10 Watchmen. –
The selectmen, being authorized by vote of the town, may appoint night watchmen, fix their stations and limits, prescribe their duties, and contract for and pay them a reasonable compensation.
Source.
RS 115:1. CS 121:1. GS 235:9. GL 253:8. PS 249:8. PL 363:10. RL 422:11.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:11 - As Police Officers.

105:11 As Police Officers. –
They shall be appointed and qualified in the same manner, and shall have, while on duty, the same powers, as police officers.
Source.
RS 115:2. CS 121:2. GS 235:10. GL 253:9. PS 249:9. PL 363:11. RL 422:12.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:12 - Powers.

105:12 Powers. –
Every watchman may arrest any person whom he shall find committing any disorder, disturbance, crime, or offense, or such as are strolling about the streets at unreasonable hours, who refuse to give an account, or are reasonably suspected of giving a false account, of their business or design, or who can give no account of the occasion of their being abroad.
Source.
RS 115:3. CS 121:3. GS 235:11. GL 253:10. PS 249:10. PL 363:12. RL 422:13.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:13-a - Extended Authority of Municipality in Another State.

105:13-a Extended Authority of Municipality in Another State. –
The authority of any duly authorized certified police officer of a municipality located near the border of a neighboring state shall extend to any other municipality in the other state also located near such border, provided that the chief law enforcement officer of the requesting municipality has executed with the chief law enforcement officer of the responding municipality a written agreement which sets forth the terms and conditions under which such assistance may be requested or rendered. The executed agreement shall constitute authorization for every request for assistance, and for any assistance rendered in accordance with the terms and conditions of the written agreement, regardless of whether the responding police officer is named in the agreement. In an emergency situation, the ranking on-duty law enforcement official of the municipality is authorized to make an oral request for assistance to the ranking on-duty law enforcement official in the responding municipality, subject to the terms and conditions of such written agreement, and the authority of the responding police officer shall extend to the requesting municipality. The written agreement shall remain in full force and effect until terminated by the mutual consent of the chief law enforcement officers of each municipality, or until 10 days after the chief law enforcement officer of one municipality has received notification from the chief law enforcement officer of the other municipality of his intention to terminate.
Source.
1988, 70:1.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:13-b - Confidentiality of Personnel Files.

105:13-b Confidentiality of Personnel Files. –
I. Exculpatory evidence in a police personnel file of a police officer who is serving as a witness in any criminal case shall be disclosed to the defendant. The duty to disclose exculpatory evidence that should have been disclosed prior to trial under this paragraph is an ongoing duty that extends beyond a finding of guilt.
II. If a determination cannot be made as to whether evidence is exculpatory, an in camera review by the court shall be required.
III. No personnel file of a police officer who is serving as a witness or prosecutor in a criminal case shall be opened for the purposes of obtaining or reviewing non-exculpatory evidence in that criminal case, unless the sitting judge makes a specific ruling that probable cause exists to believe that the file contains evidence relevant to that criminal case. If the judge rules that probable cause exists, the judge shall order the police department employing the officer to deliver the file to the judge. The judge shall examine the file in camera and make a determination as to whether it contains evidence relevant to the criminal case. Only those portions of the file which the judge determines to be relevant in the case shall be released to be used as evidence in accordance with all applicable rules regarding evidence in criminal cases. The remainder of the file shall be treated as confidential and shall be returned to the police department employing the officer.
Source.
1992, 45:1. 2012, 288:4, eff. June 27, 2012.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:13-c - Repealed by 2015, 150:2, eff. Nov. 1, 2015.

105:13-c Repealed by 2015, 150:2, eff. Nov. 1, 2015. –
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:14 - to 105:18 Repealed by 2018, 170:2, II, eff. Jan. 1, 2019.

105:14 to 105:18 Repealed by 2018, 170:2, II, eff. Jan. 1, 2019. –
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105 - Police Officers and Watchmen › Section 105:19 - Reports of Misconduct by Law Enforcement Officers.

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.
III. No discriminatory, disciplinary, or retaliatory action shall be taken against any officer for any information given or disclosed by him or her in good faith in the course of making a report of misconduct under paragraph II.
IV. Any police department that receives a report of misconduct under this section shall timely conduct an investigation and reach a determination on the merits. After the investigatory entity determines that the evidence shows that the individual committed any acts of misconduct, the name of the individual and any act of misconduct shall be disclosed to the police standards and training council.
Source.
2020, 12:16, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:1 - Establishment Authority.

105-C:1 Establishment Authority. –
Any town which adopts this chapter may establish a police commission, consisting of 3 commissioners, who shall have been residents of the town for at least 3 years immediately preceding the date of their election or appointment.
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:2 - Referendum.

105-C:2 Referendum. –
The following questions shall be submitted to the voters of a town on the regular ballot for the election of town officers if a petition is presented to the selectmen in accordance with RSA 39:3 requesting the same:
I. "Shall the government of the police department of the town of __________ be entrusted to a police commission?"
II. "If so, shall such police commissioners be chosen by:
(a) Popular election at town election; or
(b) Appointment of the governor with consent of the council?"
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:3 - Establishment.

105-C:3 Establishment. –
I. If a majority of those voting in a town in any town election answer the question posed in RSA 105-C:2, I in the affirmative and select the method of establishment set out in RSA 105-C:2, II(a), the voters of such town shall, at the next succeeding annual town election, elect such a police commission. The term of office of each such commissioner shall be for 3 years, except that of the first commission elected under this chapter in any town, one member shall be elected to serve a term of one year and one member shall be elected to serve a term of 2 years. Any vacancy occurring on the commission shall be filled by appointment of the board of selectmen until the next regular annual town meeting.
II. If a majority of those voting in a town in any town election answer the question posed in RSA 105-C:2, I in the affirmative and select the method of establishment set out in RSA 105-C:2, II(b), the governor, with the consent of the council, shall promptly appoint such a commission. The term of office of each such commissioner shall be for 3 years, except that of the first commission appointed under this chapter in any town, one member shall be appointed to serve a term of one year and one member shall be appointed to serve a term of 2 years. Any vacancy occurring on the commission shall be filled by appointment of the governor, with the approval of the council, for the duration of the unexpired term.
III. No person holding office as a selectman, treasurer, collector of taxes, auditor, highway agent, or head of a police department shall be elected or appointed as a police commissioner under this section.
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:4 - Duties; Powers.

105-C:4 Duties;  Powers. –
It shall be the duty of the police commissioners to appoint such police personnel, including police officers, staff, constables and superior officers, as they deem necessary and to fix such persons' compensation. The commissioners shall make and enforce all rules necessary for the operation of the police force in the manner most beneficial to the public interest. The commissioners may at any time remove police personnel for just cause and after a hearing satisfying the requirements of due process, which cause shall be specified in an order of removal except that special police officers appointed and designated as such shall serve at the pleasure of the commission and may be removed for other than just cause.
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:5 - Prohibition; Police in Office.

105-C:5 Prohibition;  Police in Office. –
After the election and qualification of the police commissioners under this chapter, no chief of police, police officers, constables or superior officers shall be appointed in any town adopting this chapter except as provided in this chapter. Any chief of police, police officer, constable, or superior officer in office on the date the commission has been duly established, shall be deemed to have been appointed by the commission, subject to the terms and conditions of his original appointment.
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:6 - Compensation.

105-C:6 Compensation. –
Police commissioners shall serve without compensation but shall be reimbursed for all actual expenses incurred in the discharge of official duties.
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-C - Police Commissions › Section 105-C:7 - Option to Rescind Action.

105-C:7 Option to Rescind Action. –
Any town which has voted to establish a police commission under this chapter may rescind such action by submission of an article in the town warrant as provided in RSA 39:3.
Source.
1981, 277:1, eff. June 16, 1981.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-D - Body-Worn Cameras › Section 105-D:1 - Definitions.

105-D:1 Definitions. –
In this chapter:
I. "Body-worn camera" or "BWC" means an electronic camera system for creating, generating, sending, receiving, storing, displaying, and processing audiovisual recordings that may be worn about the person of a law enforcement officer.
II. "Community caretaking function" means a task undertaken by a law enforcement officer in which the officer is performing an articulable act unrelated to the investigation of a crime. It includes, but is not limited to, participating in town halls or other community outreach, helping a child find his or her parents, providing death notifications, dealing with individuals asking for directions or other assistance, and performing in-home or hospital well-being checks on the sick, elderly, or persons presumed missing.
III. "In uniform" means a law enforcement officer who is wearing any officially authorized uniform designated by a law enforcement agency, or a law enforcement officer who is visibly wearing articles of clothing, a badge, tactical gear, gun belt, a patch, or other insignia that he or she is a law enforcement officer acting in the course of his or her duties.
IV. "Law enforcement officer" or "officer" means any person employed by a law enforcement agency.
V. "Law enforcement agency" or "agency" means a state, county, municipality, special district, security service or police of the community college system of New Hampshire and the university system of New Hampshire, security service of the legislative or judicial branch, unit of local government police department or any other entity authorized by law to employ law enforcement officers or exercise police authority.
VI. "Law enforcement-related encounters or activities" include, but are not limited to, traffic stops, pedestrian stops, arrests, searches, interrogations, investigations, pursuits, crowd control, traffic control, non-community caretaking interactions with an individual while on patrol, or any other instance in which the officer is enforcing the laws of the municipality, county, or state. The term does not include:
(a) Activities when the officer is completing paperwork alone or is in the presence of another law enforcement officer or officers; or
(b) Community caretaking functions.
VII. "Recording" means the process of capturing data or information stored on a recording medium.
VIII. "Recording medium" means any recording medium for the retention and playback of recorded audio and video including, but not limited to, VHS, DVD, hard drive, cloud storage, solid state, digital, flash memory technology, or any other electronic medium.
IX. "Subject of the recording" means any law enforcement officer or any suspect, victim, detainee, conversant, injured party, witness, or other similarly situated person who appears on the recording, and shall not include people who only incidentally appear on the recording.
Source.
2016, 322:1, eff. Jan. 1, 2017.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-D - Body-Worn Cameras › Section 105-D:2-a - Statewide Entity to Receive Complaints Alleging Misconduct Regarding Sworn and Elected Law Enforcement Officers; Commission Established.

105-D:2-a Statewide Entity to Receive Complaints Alleging Misconduct Regarding Sworn and Elected Law Enforcement Officers;  Commission Established. –
I. There is hereby established a commission to develop recommendations for legislation to establish a single, neutral, and independent statewide entity to receive complaints alleging misconduct regarding all sworn and elected law enforcement officers pursuant to recommendation #16 in the final report issued by the New Hampshire commission on law enforcement accountability, community and transparency. The commission shall be composed of the following members:
(a) The attorney general, or designee, who shall be the chairperson of the commission.
(b) One member of the house of representatives, appointed by the speaker of the house.
(c) One member of the senate, appointed by the president of the senate.
(d) The director of the New Hampshire police standards and training council, or designee.
(e) The commissioner of safety, or designee.
(f) Four additional members from the New Hampshire commission on law enforcement accountability, community and transparency established in Executive Order 2020-11, appointed by the attorney general. Two of these members shall be law enforcement members and 2 of these members shall not be law enforcement members.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The chairperson of the commission shall call the first meeting within 30 days of the effective date of this section. Five members of the commission shall constitute a quorum.
IV. The commission shall submit a report containing its recommendations for legislation to the governor, the speaker of the house of representatives, the president of the senate, and the state library no later than November 1, 2021.
Source.
2021, 91:150, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 105-D - Body-Worn Cameras › Section 105-D:3 - Body-Worn and Dashboard Camera Fund.

105-D:3 Body-Worn and Dashboard Camera Fund. –
I. There is hereby established the body-worn and dashboard camera fund within the department of safety for the purpose of encouraging local law enforcement agencies to equip officers with body-worn cameras and agency vehicles with dashboard cameras. All moneys in the fund shall be nonlapsing and continually appropriated to the department of safety.
II. (a) The fund shall provide matching grants to local law enforcement agencies to assist agencies with the purchase, maintenance, and replacement of body-worn and dashboard cameras and ongoing costs related to the maintenance and storage of data recorded by body-worn and dashboard cameras.
(b) The commissioner of the department of safety may also use the fund to pay for the classified position of business administrator I established in the department of safety, division of administration.
III. All local law enforcement agencies shall be eligible to apply for grants from the fund.
IV. The fund shall be overseen by the commissioner of the department of safety and the attorney general who shall, within 180 days of the effective date of this section, jointly establish a process for the application for matching grants from the fund. Such process shall be established in rules adopted jointly by the commissioner of safety and attorney general in accordance with RSA 541-A.
V. The commissioner of the department of safety may charge administrative costs related to this section to the fund.
Source.
2021, 91:144, eff. July 1, 2021 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:2 - Division of State Police.

106-B:2 Division of State Police. –
There shall be a division of state police within the department of safety as provided in RSA 21-P:7.
Source.
1937, 134:3. RL 145:2. RSA 106:2. 1961, 166:4. 1987, 124:7, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:2-a - Forensic Science Laboratory.

106-B:2-a Forensic Science Laboratory. –
The commissioner of the department of safety may establish, equip, and operate a forensic science laboratory with such expert assistants and such facilities as are necessary to support the investigatory, analytical, and enforcement functions of the state criminal, motor vehicle, hazardous waste, and other public safety laws.
Source.
2003, 319:89, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:3 - Repealed by 1987, 124:26, III, eff. July 1, 1987.

106-B:3 Repealed by 1987, 124:26, III, eff. July 1, 1987. –
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:4 - Ranks and Qualifications; Establishment.

106-B:4 Ranks and Qualifications;  Establishment. –
The director of state police shall hold the rank of colonel. Within the division of state police there shall be not less than one major, 2 field officers with the rank of captain, 7 troop commanders with the rank of lieutenant, and 7 assistant troop commanders with the rank of sergeant. Every police employee shall have had not less than 2 years' service within the division to become eligible for promotion of any type except from probationary status to trooper. No member of the division shall be eligible for promotion in any event unless his or her record is free from the commission of any major infraction of divisional discipline within the last 7 consecutive years of such service. In addition to the foregoing, the personnel commission, with the advice of the director, shall establish suitable classification for additional grades, positions and ranks and for each classification shall fix standards of health, education, training and experience, as well as the conduct and manner of taking of competitive examinations for promotion within the division.
Source.
1937, 134:5. RL 145:4. RSA 106:5. 1961, 166:4. 1963, 157:1. 2011, 37:1, eff. May 9, 2011.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:5 - Director's Authority.

106-B:5 Director's Authority. –
I. Any police employee may be suspended, discharged, or demoted by the director for cause, with the approval of the commissioner of safety, but shall be entitled to a public hearing before discharge or demotion, but not suspension, if he or she so requests in writing addressed to the director not later than 10 days after notice of said discharge or demotion.
II. The director may place any police employee on administrative leave with pay for purposes of conducting an administrative review of incidents involving the use of deadly or non-deadly force as defined in RSA 627:9 or if the employee was involved in a critical incident. "Critical incident" means any situation faced by an employee in the line of duty that has the potential to interfere with his or her ability to perform his or her duties. "Critical incidents" include injuries to the employee, death of a coworker, mass casualty incidents, or an incident involving the death of a child.
Source.
1937, 134:6. RL 145:5. RSA 106:6. 1961, 166:4. 2010, 334:1, eff. July 20, 2010.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:6 - Training Facilities and Requirements.

106-B:6 Training Facilities and Requirements. –
The director shall, with the approval of the commissioner of safety, under rules adopted pursuant to RSA 541-A, arrange for the training of department employees and the availability of such training facilities as may be developed to any local governmental unit within the state.
Source.
1937, 134:7. RL 145:6. RSA 106:7. 1961, 166:4. 1987, 124:9, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:7 - Rulemaking Power; Employees.

106-B:7 Rulemaking Power;  Employees. –
I. The director may, with the approval of the commissioner of safety, adopt rules, pursuant to RSA 541-A, relative to:
(a) The efficient administration of this chapter and reasonable prohibitions on the resale, rental, unauthorized disclosure, abuse, or misuse of criminal record and fingerprinting checks obtained from the division;
(b) Reasonable fees to cover criminal record and fingerprinting checks conducted by the division pursuant to RSA 106-B:14, I, which fees shall be paid by the requesting individual or public or private agency not otherwise prohibited from receiving such criminal record and fingerprinting checks; and
(c) The administration of RSA 169-E:2-a, regarding the operation of the statewide hotline for missing children.
II. Notwithstanding RSA 106-B:10 or any other provision of law to the contrary, the fees collected pursuant to RSA 106-B:7, I(b) shall be credited to a special nonlapsing account by the department of administrative services for the department of safety to cover the expenses of staffing the criminal records section, maintaining and updating the database, and conducting such checks. Such fees shall not be deposited in the general fund. No funds from this account shall be transferred or used to cover any costs of the permits and licensing unit of the division of state police.
III. The director may, within the limits of the appropriation for the division, employ such civilian employees as may be necessary and determine their duties, and provide such resources as may be necessary. The director may require any such employee to give bond.
IV. The director may provide criminal record information in electronic form once the division has the technological capability to do so.
Source.
1937, 134:8. RL 145:7. RSA 106:8. 1961, 166:4. 1983, 459:1. 1987, 21:2. 1991, 323:1, eff. Jan. 1, 1992. 2015, 153:1, eff. Sept. 10, 2015. 2018, 242:3, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:8 - Divisional Uniforms and Equipment.

106-B:8 Divisional Uniforms and Equipment. –
With the approval of the commissioner, the director shall provide for employees uniforms and equipment necessary to the performance of their duties, but all such property shall remain the property of the state. All employees of the division of state police when in uniform shall wear an identical uniform except in respect to such markings as may be utilized to indicate rank. The director may sell such uniforms and equipment as shall have become damaged, obsolete or otherwise unserviceable and all moneys received therefor shall be paid into the state treasury. He shall maintain an inventory and shall charge against each employee the value of the property of the division issued to such employee. 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 employee, the value of such property shall be paid for by such employee and the amount thereof may be deducted from such employee's pay.
Source.
1937, 134:9. RL 145:8. RSA 106:9. 1961, 166:4, eff. July 1, 1962.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:9 - Per Diem Reimbursement for Expenses.

106-B:9 Per Diem Reimbursement for Expenses. –
The director may, with the approval of the commissioner, under rules adopted under RSA 541-A, establish a per diem rate of payment in lieu of reimbursement for expenses incurred in the discharge of their duties for all employees of the state police who are regularly assigned to field work in either a patrol or investigatory capacity. Employees regularly assigned either to troop headquarters or to the central administrative offices shall not be entitled to such per diem payment. The director may authorize the payment of said expenses monthly, from funds appropriated to the division of state police, provided, however, said payment shall include reimbursement only for those days actually worked in each month. The director, prior to authorizing any such payments, shall, with the approval of the commissioner, submit to the commissioner of administrative services lists of all employees for whom such payments are authorized by him, which shall include, for each such employee, his classification and duty assignment, and the specific type and kind of expenses for which he is being reimbursed. He shall, with the approval of the commissioner, submit to the commissioner of administrative services, at like time and in like manner and detail, any deletions or additions to said lists.
Source.
1937, 134:10. RL 145:9. RSA 106:10. 1961, 166:4. 1973, 521:1. 1974, 40:35. 1985, 399:3, I. 1987, 124:10, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:10 - Disposition of Fees.

106-B:10 Disposition of Fees. –
Any fee for the performance of an act in line of duty or reward for the apprehension or conviction of any person, for the recovery of any property, received by or payable to an employee, shall be paid by him to the director of motor vehicles who shall immediately forward the same to the state treasurer.
Source.
1937, 134:11. 1939, 198:1. 1941, 152:1. RL 145:10. 1949, 94:1, 2. 1951, 163:12. RSA 106:11. 1955, 120:11. 1961, 166:4. 1967, 182:1. 1983, 383:14, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:11 - Cooperation With Other Police Forces.

106-B:11 Cooperation With Other Police Forces. –
The director and employees shall cooperate and exchange information with any other law enforcement agency both within and without this state, including federal authorities, for the purpose of preventing and detecting crime and apprehending criminals and detecting and stopping vehicles transporting hazardous materials contrary to the rules promulgated by the commissioner of safety and pursuant to RSA 106-B:15. With the approval of the commissioner of safety, the director may, on the request of any responsible official of any such agency, assist such official by detailing to him such police employees, for such length of time and under such conditions as the director may deem proper. The director may designate for liaison with the offices of the respective county attorneys or sheriff such number of state police employees as he may deem advisable for each county.
Source.
1937, 134:12. RL 145:11. RSA 106:12. 1961, 166:4. 1979, 344:3, eff. Aug. 21, 1979.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:12 - Authority and Duties of Police Employees.

106-B:12 Authority and Duties of Police Employees. –
Police employees shall be ex-officiis constables throughout the state. They shall have statewide authority to enforce all provisions of RSA title XXI relative to motor vehicle laws and the regulations relative to the transportation of hazardous materials, pursuant to RSA 106-A:18 and RSA 106-B:15. The director, division of state police, shall report to the director, division of motor vehicles, all violations of and prosecutions under the motor vehicle laws. Police employees shall have general power to enforce all criminal laws of the state and to serve criminal processes and make arrests, under proper warrants, in all counties. They shall not serve civil processes. No police employee shall act, be used or called upon for service within any town in any industrial dispute unless actual violence has occurred therein, and then only upon order of the governor. When any police employee shall apprehend any person who has committed or attempted to commit a felony the director shall immediately make a report to the attorney and the sheriff of the county and the chief of police of the municipality in which the offense was, or was suspected of being, committed and such cases shall be investigated and prosecuted by said county officials with the cooperation of said police employees. Further, police employees acting within 25 air miles of the international border with Canada, shall have the same authority and powers granted to forest rangers and officials of the division of forests and lands pursuant to RSA 227-G:7 and RSA 227-G:8.
Source.
1937, 134:13. RL 145:12. RSA 106:13. 1961, 166:4. 1967, 182:2. 1979, 344:4, eff. Aug. 21, 1979. 2017, 199:2, eff. Sept. 3, 2017. 2023, 79:480, 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:13 - Power to Take Identification Data.

106-B:13 Power to Take Identification Data. –
The employees shall have authority to take fingerprints and, in addition thereto, such identification data as shall be prescribed by the director of all persons taken into custody by them in the discharge of their duties.
Source.
1937, 134:14. RL 145:13. RSA 106:14. 1961, 166:4, eff. July 1, 1962.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:14-a - Intrastate Misdemeanors Recorded.

106-B:14-a Intrastate Misdemeanors Recorded. –
The division of state police shall record and update on its computer system on a daily basis the names of all persons for whom there are outstanding arrest warrants for misdemeanors in this state, along with a statement of all arrest warrants for misdemeanors each person has pending. The information recorded shall be made available upon request to all local and state law enforcement agencies and officers. The department of safety and its employees and agents shall not be held liable for errors of omission or commission in the recording and maintenance of this information unless the error is shown to be the result of gross negligence or an intentional act.
Source.
1988, 228:1, eff. July 1, 1988.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:14-b - Intrastate Civil and Criminal Non-Support Recorded.

106-B:14-b Intrastate Civil and Criminal Non-Support Recorded. –
The division of state police, or its designee, may record and update on its computer system on a daily basis the name of any person for whom there is an outstanding arrest warrant or capias issued for criminal or civil non-support, including failure to appear in connection with child support enforcement proceedings. The information recorded shall be made available upon request to all local and state law enforcement agencies and officers. The department of safety and its employees, agents, and designees shall not be held liable for errors of omission or commission in the recording and maintenance of this information unless the error is shown to be the result of gross negligence or an intentional act.
Source.
2000, 150:1, eff. July 22, 2000.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:14-c - Uniform Crime Reporting System.

106-B:14-c Uniform Crime Reporting System. –
I. Law enforcement agencies operating within New Hampshire shall submit crime reports to the department of safety, division of state police, based on the specifications prescribed by the Federal Bureau of Investigation's (FBI's) Criminal Justice Information Services' (CJIS) Uniform Crime Reporting (UCR) Program. The report shall be a compilation of the number of offenses and arrests on crimes occurring within their own jurisdictions, submitted in the manner and in the form specified by the FBI's National Incident Based Reporting System (NIBRS). Annual statistical reports shall be made available no later than July 1 of the following year, containing the number and nature of criminal offenses, arrests, and clearances, and any other data determined to be appropriate relating to the method, frequency, cause, and prevention of crime. The department of safety shall make such reports available to the governor, the general court, and all law enforcement agencies. Upon request for such reports to the division of state police, uniform crime report (UCR) unit, the department shall provide copies of the reports to other federal and state agencies and members of the public.
II. A law enforcement agency having no records management system with NIBRS reporting capabilities shall be provided the means to report by the division of state police.
Source.
2016, 103:1, eff. July 18, 2016.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:15 - Jurisdiction of Police Employees.

106-B:15 Jurisdiction of Police Employees. –
I. Police employees have primary jurisdiction on all turnpikes, toll roads, limited access highways, and interstate highways and nothing in this section shall be construed to limit the authority of local police officers.
II. A police employee shall not act within the limits of a town having a population of more than 3,000 or of any city, except when he or she is enforcing the motor vehicle laws or the regulations relative to the transportation of hazardous materials, witnesses a crime, is in pursuit of a law violator or suspected violator, is in search of a person wanted for a crime committed outside its limits, is in search of a witness of such crime, is faced with public safety exigent circumstances, or when acting as an agent of the director of motor vehicles enforcing rules pertaining to driver licenses, registrations and the inspection of motor vehicles, or when requested to act by an official of another law enforcement agency, or when ordered by the governor. Notwithstanding paragraph I, nothing in this section shall be construed to limit the primary jurisdiction of the local police agency in a town having a population of more than 3,000 or any city.
Source.
1937, 134:16. RL 145:15. RSA 106:16. 1961, 166:4. 1963, 123:1. 1979, 344:9, eff. Aug. 21, 1979. 2017, 199:3, eff. Sept. 3, 2017.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:15-a - Exhibiting Insignia of State Police.

106-B:15-a Exhibiting Insignia of State Police. –
No person shall wear or exhibit the uniform, button, emblem, decoration, or other distinguishing mark of authority in use by the state police. Nor shall any person wear a similar uniform or wear or exhibit any object so nearly like such insignia as reasonably to be mistaken therefor.
Source.
1937, 198:1. RL 457:22. RSA 587:23. 1973, 532:24, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:15-b - Penalty.

106-B:15-b Penalty. –
Any person violating the provisions of RSA 106-B:15-a shall be guilty of a misdemeanor.
Source.
1937, 198:2. RL 457:23. RSA 587:24. 1973, 532:24, eff. Nov. 1, 1973.
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:16 - Repealed by 2002, 220:14, II, eff. July 1, 2002.

106-B:16 Repealed by 2002, 220:14, II, eff. July 1, 2002. –
2023 New Hampshire Revised Statutes › Title VII - Sheriffs, Constables, and Police Officers › Chapter 106-B - The State Police › Section 106-B:17 - Retirement Benefits.

106-B:17 Retirement Benefits. –
Any person who is a member of the employees retirement system on July 1, 1962 and who, because of the terms of this chapter shall be transferred and be reclassified as a member of the division of state police or any person who is a member of the employees retirement system on July 1, 1962 and who because of the terms of this chapter shall be transferred and who shall have been a member of the motor vehicle department with inspector's service for 10 years on July 1, 1962 shall have an option to continue his membership in the state employees retirement system or may transfer his membership in said system to the police retirement system in accordance with the provisions of RSA 100:23 and 100:24.
Source.
1961, 166:8, eff. July 1, 1962.