CHAPTER 263

HB 1535-FN – FINAL VERSION

05/02/12 1858s

6June2012… 2460CofC

2012 SESSION

12-2143

01/04

HOUSE BILL 1535-FN

AN ACT relative to arrest records under the right-to-know law.

SPONSORS: Rep. Giuda, Merr 7; Rep. Chandler, Carr 1; Rep. McClarren, Hills 21; Rep. Pitre, Straf 3

COMMITTEE: Judiciary

ANALYSIS

This bill makes arrest records subject to the right-to-know law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/02/12 1858s

6June2012… 2460CofC

12-2143

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to arrest records under the right-to-know law.

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

263:1 New Section; Arrest Records. Amend RSA 594 by inserting after section 14 the following new section:

594:14-a Arrest Records.

I. For the purposes of this section, an “arrest record” means a record created by law enforcement personnel to document the arrest of an individual 17 years of age or older. Arrest records are “governmental records” as defined in RSA 91-A and subject to disclosure in accordance with that chapter, with the exception noted in RSA 106-B:14.

II. Arrest records shall contain, at a minimum:

(a) The identity of the individual arrested;

(b) The identity of the arresting officer or officers unless the officer’s supervisor has good cause to believe that identifying the officer would not serve the public interest;

(c) A statement as to reasons why and how the arrest was made;

(d) The alleged crime; and

(e) Whether the arrest was made pursuant to a warrant.

263:2 Effective Date. This act shall take effect January 1, 2013.

Approved: June 18, 2012

Effective Date: January 1, 2013