New Hampshire HB 1087: relative to citizen's arrests by private persons.

Bill Text

HB 1087-FN - AS INTRODUCED

2026 SESSION

 26-2566

 09/08

HOUSE BILL 1087-FN

AN ACT relative to citizen's arrests by private persons.

SPONSORS: Rep. Aures, Merr. 13; Rep. Roy, Rock. 31; Rep. Polozov, Merr. 10; Rep. Granger, Straf. 2; Rep. Korzen, Coos 7; Rep. Tom Mannion, Hills. 1; Rep. Giasson, Hills. 29; Rep. Farrington, Straf. 8; Rep. McFarlane, Graf. 18

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill allows for private persons to perform a citizen's arrest of another person for certain offenses and provides immunity from liability in certain circumstances, subject to defined limitations.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2566

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to citizen's arrests by private persons.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Section; Arrests in Criminal Cases; Citizen's Arrest by Private Person. Amend RSA 594 by inserting after section 10-a the following new section:

 594:10-b Citizen’s Arrest by Private Persons.

 I. A private person may arrest another person:

 (a) For a felony committed in the arrestor’s presence;

 (b) For a misdemeanor involving a breach of the peace committed in the arrestor’s presence; or

 (c) When the arrestor has probable cause, as judged by the reasonable person standard, to believe that a felony has been committed and the person arrested committed it.

 II. The arrestor shall:

 (a) Use only reasonable and proportional force necessary to make the arrest;

 (b) Promptly notify law enforcement authorities; and

 (c) Detain the person arrested only until law enforcement arrives and release the detainee to law enforcement without delay.

 III.(a) No private person may enter the dwelling or private property of another to effect a citizen’s arrest for a misdemeanor breach of the peace.

 (b) Entry onto private property to arrest a person for a felony may only be made if the citizen reasonably believes exigent circumstances exist that pose an imminent threat of harm. Such entry shall be immediately reported to law enforcement, with the citizen deferring to police intervention whenever practicable.

 (c) Unauthorized entry in violation of this paragraph shall expose the citizen to criminal and civil liability.

 IV.(a) Any private person acting in good faith and with probable cause under this section shall be immune from criminal or civil liability arising solely from such arrest, provided that only reasonable force is used and substantial compliance with this section is demonstrated.

 (b) This immunity shall not apply to acts of gross negligence, recklessness, or willful misconduct.

 V. Deadly force may not be used except as permitted under RSA 627:4.

 VI. Persons making a citizen’s arrest shall inform the person arrested, as soon as reasonably possible, of the intention to arrest and the cause for the arrest.

 VII. In any prosecution or civil proceeding arising from a citizen’s arrest, the arrestor’s belief of the commission of a qualifying offense shall be judged by the reasonable person standard under the circumstances then known to the arrestor.

 VIII. The department of safety shall provide public information regarding citizen’s arrest regulations, procedures, and legal risks as established by this section.

 2 Effective Date. This act shall take effect January 1, 2027.

 LBA

 26-2566

 11/5/25

HB 1087-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to citizen's arrests by private persons. 

FISCAL IMPACT: This bill does not provide funding

 Estimated State Impact

FY 2026

FY 2027

FY 2028

FY 2029

 Revenue

$0

$0 

$0 

$0 

 Revenue Fund

None

 Expenditures*

$0

Department of Safety - $100,000 - $500,000 Per Year

Judicial and Correctional Systems - Indeterminable

 Funding Source

General Fund, Highway Fund, Various Agency Funds

 Appropriations*

$0 

$0 

$0 

$0 

 Funding Source

None

 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

 Estimated Political Subdivision Impact

FY 2026

FY 2027

FY 2028

FY 2029

 County Revenue

$0 

$0 

$0 

$0 

 County Expenditures

Indeterminable

 Local Revenue

$0 

$0 

$0 

$0 

 Local Expenditures

Indeterminable

METHODOLOGY:

This bill authorizes citizens to arrest others if they believe a crime was committed in their presence and grant immunity if they acted in good faith. This bill also directs the Department of Safety to inform the public about the law and i