CHAPTER 220

HB 478-FN-LOCAL – FINAL VERSION

05/11/11 1779s

2011 SESSION

11-0490

03/05

HOUSE BILL 478-FN-LOCAL

AN ACT relative to testimony by video teleconference.

SPONSORS: Rep. Umberger, Carr 1; Rep. Ulery, Hills 27; Sen. Bradley, Dist 3

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill authorizes testimony by video teleconference at department of safety administrative hearings and in district court motor vehicle cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/11/11 1779s

11-0490

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to testimony by video teleconference.

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

220:1 New Paragraph; Bureau of Hearings; Testimony by Video Teleconference. Amend RSA 21-P:13 by inserting after paragraph II the following new paragraph:

III. The commissioner of safety or designee is authorized, whenever the commissioner deems it feasible, upon giving timely written notice to the parties, to provide to the parties to an administrative hearing the opportunity to hold the hearing and take testimony by video teleconference, provided that testimony is limited to the matters relating to hearings that are open to the public in accordance with RSA 541-A. Either party shall have an opportunity to file a timely written objection to the introduction of testimony by video teleconference, stating its reasons for the objection, and the commissioner or designee, upon determining that one or more of the parties would be substantially disadvantaged in presenting their case by video teleconference, may order live testimony. For purposes of this section, “video teleconference” includes the use of any technology that provides live, interactive aural and visual communication.

220:2 Testimony by Video Teleconference. Amend the subdivision heading preceding RSA 516:37 to read as follows:

Testimony by Video Teleconference in Criminal and Motor Vehicle Cases

220:3 New Section; Testimony by Video Teleconference for Motor Vehicle Violations. Amend RSA 516 by inserting after section 37 the following new section:

516:38 Testimony by Video Teleconference for Motor Vehicle Violations. In any contested case for an alleged motor vehicle violation in district court at which a keeper of the records or technical specialist from the department of safety, bureau of hearings or division of motor vehicles is summoned to testify, the state may move to take the testimony of the keeper of the records or technical specialist by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to records of the department of safety. Notice shall be provided to the defendant, and the defendant shall have an opportunity to object to the introduction of testimony by video teleconference. Similarly, in any contested case for an alleged motor vehicle violation in district court, the defendant may move to take the testimony of his or her own expert witness by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to records of the department of safety. Notice shall be provided to the state, and the state shall have an opportunity to object to the introduction of testimony by video teleconference. Examination and cross-examination of the expert witness shall proceed in the same manner as permitted at a contested case for an alleged motor vehicle violation in district court. For purposes of this section, “video teleconference” includes the use of any technology that provides live, interactive aural and visual communication.