CHAPTER 335
SB 41 – FINAL VERSION
02/22/07 0009s
31May2007… 1343h
06/27/07 2361eba
2007 SESSION
09/05
SENATE BILL 41
AN ACT relative to the authority of law enforcement officers to obtain registration checks on motor vehicles for official purposes and prohibiting the use of automated number plate scanning devices.
SPONSORS: Sen. Letourneau, Dist 19; Sen. Clegg, Dist 14; Rep. Packard, Rock 3
This bill clarifies the authority of law enforcement officers to obtain through electronic query from the department of safety the registration information on number plates for official purposes.
This bill also prohibits the use of automated number plate scanning devices, with certain exceptions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/07 0009s
31May2007… 1343h
06/27/07 2361eba
07-1120
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the authority of law enforcement officers to obtain registration checks on motor vehicles for official purposes and prohibiting the use of automated number plate scanning devices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
335:1 New Sections; Number Plate Checks by Law Enforcement Officers; Use of Automated Number Plate Scanning Devices Prohibited. Amend RSA 261 by inserting after section 75 the following new sections:
261:75-a Number Plate Checks by Law Enforcement. A duly sworn state, county, or local law enforcement officer in the performance of his or her duties may obtain, through electronic query from the department of safety, the registration information on a particular number plate and plate type or number plate validation decal for any official purpose, whether the inquiry relates to a particular offense or is for general crime detection and prevention purposes, provided a record is kept regarding such inquiry. The information so obtained shall only be used for valid law enforcement purposes and shall not be disclosed to any unauthorized person for any purpose. The commissioner of safety may further limit the release of such information at his or her discretion.
261:75-b Use of Automated Number Plate Scanning Devices Prohibited. The use of automated number plate scanning devices is prohibited except as provided in RSA 236:130.
335:2 Highway Surveillance Prohibited; Exceptions. Amend RSA 236:130, III(d)-(e) to read as follows:
(d) Is incidental to the monitoring of a building or other structure under the control of the state or a political subdivision of the state; [or]
(e) Is undertaken for purposes of operation of the E-Z Pass system; or
(f) Is undertaken for the security of the following bridges and approach structures: I-95 Piscataqua River Bridge, Sarah Mildred Long Bridge, and the Memorial Bridge, all in Portsmouth.
335:3 Effective Date. This act shall take effect upon its passage.
Approved: July 16, 2007
Effective: July 16, 2007