Bill > HB1087

This bill establishes clear guidelines for citizen's arrests in New Hampshire, allowing private persons to arrest another individual under specific circumstances. A citizen may legally arrest someone for a felony committed in their presence, a misdemeanor involving a breach of the peace committed in their presence, or when they have probable cause to believe a felony has been committed. The bill mandates that the person making the arrest must use only reasonable and proportional force, promptly notify law enforcement, and detain the individual only until law enforcement arrives. The legislation prohibits entering another person's dwelling to make a misdemeanor arrest and limits entry onto private property for felony arrests to situations with imminent threat of harm. The bill provides immunity from criminal and civil liability for citizens acting in good faith and with probable cause, but explicitly excludes protection for gross negligence, recklessness, or willful misconduct. Importantly, the bill specifies that deadly force may not be used except as permitted under existing state law, and requires the person being arrested to be informed of the reason for their arrest as soon as possible. The Department of Safety is tasked with providing public information about citizen's arrest regulations and potential legal risks, and the law will take effect on January 1, 2027.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1771&inflect=2