Sen. Murphy introduces change to let nonowners retrieve essential items from impounded vehicles; tow operators and state police raise concerns

Sen. Keith Murphy (D–District 16) told the Senate Judiciary Committee about a constituent’s case that prompted SP 270: a man said his friend’s car was impounded while he had work tools inside and he was denied access to retrieve those tools.

Murphy said the current statute allows the towing entity to withhold property found in an impounded vehicle except for specified items such as wallets, purses, clothing and legal documents; SP 270 would clarify that non‑owners who have personal property inside an impounded vehicle should be able to retrieve essential items such as tools or house keys.

Tow‑industry representatives testified they understand the intent to return critical items but raised operational concerns. Ralph Christie of New Hampshire Towing and an industry speaker identified as Mr. Cresta said tow yards typically require payment of the tow bill or a title before releasing items, and they lack reliable methods to verify ownership of items brought forward by third parties. Christie cautioned that many towed vehicles are abandoned, that locating the legal owner through the state’s process can take 25–30 days, and that giving property to an unverified third party could expose tow operators to liability if items later are reported stolen.

Tamara Hester of the New Hampshire State Police said the agency generally supports the bill’s goal but recommended adding a statutory provision that would prohibit release of vehicle contents when the vehicle or its contents are under active law‑enforcement investigation. Hester also noted practical limits: private‑property tows can occur without law‑enforcement involvement and there can be delays between a theft report and law‑enforcement notification.

Committee members asked procedural questions about when property becomes “abandoned” under statute and how quickly the tow yard must start administrative processes; the tow operator witness said the state process typically begins within 10 days of towing and ownership queries can take several weeks.

Action: The committee deferred further action on SP 270 during the session (no final committee passage recorded in the hearing record). Sponsors and witnesses discussed possible drafting clarifications to add an exception when a vehicle or its contents are under criminal investigation.

Background: Witnesses recommended drafting changes to balance prompt return of essential personal property with safeguards for investigations and standard tow‑yard procedures.