HB 619-FN – AS INTRODUCED

2013 SESSION

13-0701

05/01

HOUSE BILL 619-FN

AN ACT prohibiting images of a person’s residence to be taken from the air.

SPONSORS: Rep. Kurk, Hills 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill prohibits images of a person’s residence to be taken from the air by a satellite, drone, or any device not supported by the ground.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0701

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT prohibiting images of a person’s residence to be taken from the air.

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

1 New Paragraph; Violation of Privacy; Prohibition on Aerial Images of Residence. Amend RSA 644:9 by inserting after paragraph IV the following new paragraph:

IV-a. A person is guilty of a class A misdemeanor if such person knowingly creates or assists in creating an image of the exterior of any residential dwelling in this state where such image is created by or with the assistance of a satellite, drone, or any device that is not supported by the ground. This prohibition shall not apply where the image does not reveal forms identifiable as human beings or man-made objects. In this paragraph, “dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more individuals.

2 Exception. Amend RSA 644:9, V to read as follows:

V. Paragraphs I [and], II and IV-a shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, nor are paragraphs I [and], II and IV-a intended to limit employees of governmental agencies or other entities, public or private, who, in the course and scope of their employment and supported by articulable suspicion, attempt to capture any type of visual image, sound recording, or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity, the suspected violation of any administrative rule or regulation, a suspected fraudulent insurance claim, or any other suspected fraudulent conduct or activity involving a violation of law, or pattern of business practices adversely affecting the public health or safety.

3 Effective Date. This act shall take effect January 1, 2014.

LBAO

13-0701

01/23/13

HB 619-FN - FISCAL NOTE

AN ACT prohibiting images of a person’s residence to be taken from the air.

FISCAL IMPACT:

METHODOLOGY: