This bill amends RSA 642:2, which relates to resisting arrest or detention. Currently, a person is guilty of a misdemeanor if they physically interfere with a law enforcement official seeking to effect an arrest or detention, regardless of whether there is a legal basis for the arrest. This bill adds an affirmative defense to the crime of resisting arrest, stating that if a legal finding determines that the arrest was unlawful or unconstitutional, it shall constitute an affirmative defense to any prosecution under this section. Verbal protestations alone will not constitute resisting arrest or detention. The bill also specifies that if the act of resisting arrest or detention causes serious bodily injury to another person, it is a class B felony. The bill will take effect on January 1, 2025.

This bill may have an impact on the judicial and correctional systems, potentially affecting prosecution, incarceration, probation, and parole costs for the state, as well as county and local governments. The exact fiscal impact is indeterminable. The bill has been reviewed by the Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association.