New Hampshire House Bill HB1145

New Hampshire 2022 Regular Session

• Introduced: 11/23/21
• Refer: 11/23/21
• Report DNP: 3/2/22

Caption

Relative to a motor vehicle exception to criminal restraint or false imprisonment and relative to civil immunity and physical force in defense of a person.

Impact

If enacted, HB 1145 would change the interpretation of criminal restraint under New Hampshire law, particularly concerning motor vehicle detainments. By delineating circumstances under which confinement is not deemed unlawful, the bill aims to alleviate fears of criminal charges for those who inadvertently block another’s path in a vehicle due to unavoidable circumstances. Furthermore, it emphasizes the rights of individuals to protect themselves or others without facing civil repercussions, potentially leading to increased use of force in defensive situations.

Summary

House Bill 1145 proposes amendments to existing statutes regarding criminal restraint and false imprisonment, specifically creating an exception for temporary detainment in a motor vehicle. The bill addresses concerns around how such detainment situations, often resulting from temporary circumstances like traffic or protests, should be viewed under the law to avoid criminal liability. Additionally, it seeks to clarify civil immunity for individuals using physical force in defense of themselves or others, ensuring they are not held liable for injuries inflicted on a perpetrator during such incidents.

Sentiment

The sentiment surrounding HB 1145 appears to be largely supportive among law enforcement and Second Amendment advocates who view the bill as a necessary clarification of rights related to self-defense. However, there could be skepticism from civil rights groups concerned about potential misuse of the expanded definition of civil immunity and the application of force, fearing it may lead to excessive force in confrontational situations.

Contention

Notable points of contention may arise around the definitions and circumstances under which civil immunity applies and how these provisions could be interpreted in court. Critics may argue that the bill could lead to an environment where individuals feel justified in using excessive force under the vague guidelines of 'protection', potentially leading to increased incidences of violence. The balance between self-defense rights and the responsibility not to escalate confrontations remains a key area of debate surrounding this legislation.