This act may be known and cited to as the "New Hampshire Private Lands Protection Act".

2 New Section;

Warrantless Searches.

Amend RSA 595-A by inserting after section 10 the following new section:

595-A:11 Warrantless Searches.

I.

(a) “Government agent” means any localstate or statelocal official,law exceptenforcement whereagent, otherwiseor noted,any whoother isperson employedworking with or contractedacting byat athe governmentbehest bodyof inlaw thisenforcement. state.

or which is fenced or otherwise enclosed in whole or in part soin asa manner which a reasonable person would understand evidences an ongoing intent to exclude intruders.

II.

Unless authorized by law, no government agent shall enter any secured premises without a search warrant except:

(a) After receiving the permission of the property owner, lessee, or occupant;

or (b) To respond to exigent circumstances, such as a life-threatening emergency or another immediate threat to public safety that was either reported to the agent or the agent personally observed.

III.

Upon entering private land, a government agent shall immediately notify the landowner, lessee, or occupant if notice can be reasonably made.

IV.

Unless entering private land pursuant to consent or exigent circumstances, a government agent shall show the search warrant authorizing entry to the property owner, lessee, or occupant if they are present.

V.

A government agent shall not seize any private property from a secured premises without first acquiring a warrant authorizing said seizure, or unless the agent has entered the secured HB 206-FN - AS INTRODUCED - Page 2 - premises pursuant to consent or exigent circumstances and has individualized probable cause of the commission of a criminal offense justifying said seizure.

VI.

Any evidence obtained pursuant to a search or seizure conducted in violation of this section is inadmissible in any administrative, civil, or criminal proceeding.

VII.

Any arrest made pursuant to a search or seizure conducted in violation of this section is invalid.

VIII.

The provisions of this section shall not apply to conservation officers and other officers of the fish and game commission, who may exercise the authority granted to them pursuant to RSA 206:26, I, to go upon any property outside of buildings to the extent necessary for enforcing the state’s laws, rules, and regulations related to wildlife.

IX.

Nothing in this section shall be construed to limit, restrict, or impair the access of any governmental or regulatory agency to buildings, businesses, or other premises as provided by law.

3 Effective Date.

This act shall take effect January 1, 2026.

LBA 25-0066 11/27/24 HB 206-FN- FISCAL NOTE AS INTRODUCED AN ACT relative to government agent entries into secured premises.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2025 through 2028.

AGENCIES CONTACTED:

Department of Justice