New Hampshire Legislative Service Requests (LSR's)

SB 362-FN - AS INTRODUCED

2024 SESSION

24-2842

09/10

SENATE BILL 362-FN

AN ACT relative to body-worn cameras.

SPONSORS: Sen. Carson, Dist 14; Rep. Lynn, Rock. 17; Rep. Roy, Rock. 31

COMMITTEE: Judiciary

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ANALYSIS

This bill clarifies the circumstances in which body-worn cameras may be copied, distributed, or used in certain criminal, juvenile, or administrative proceedings.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2842

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to body-worn cameras.

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

1 New Section; Sheriffs, Constables, and Police Officers; Body-Worn Cameras; Use of Body-Worn Camera Recordings in Criminal, Juvenile Delinquency, and Administrative Proceedings. Amend RSA 105-D by inserting after section 3 the following new section:

105-D:4 Use of Body-Worn Camera Recordings in Criminal, Juvenile Delinquency, and Administrative Proceedings.

I. Notwithstanding the provisions of RSA 105-D:2, all data, images, and video captured, recorded, or otherwise produced by body-worn camera equipment may be copied by a law enforcement agency or prosecutor to provide discovery in criminal, juvenile delinquency, or administrative proceedings subject to the following limitations:

(a) The parties in a criminal, juvenile delinquency, or administrative proceeding may utilize BWC recordings to create exhibits for use in said hearings subject to the relevant rules of evidence and rulings by the court.

(b) No party shall further copy or distribute BWC recordings without a court order, except for the sole purpose of having an expert or other professional consultant provide analysis for the purposes of evaluating or preparing for the case. Any such expert or professional consultant is bound by the limitations of this section.

(d) The parties and any expert or professional consultant shall destroy all copies of BWC recordings created pursuant to this section in their possession upon the close of the case.

(e) For cases that are resolved through trial or adjudication, the law enforcement agency that created the BWC recordings shall maintain the original BWC recording until the defendant or juvenile has completed all the terms and conditions of the sentence or disposition. The parties shall be allowed to access the original BWC recordings for purposes of evaluating, initiating, or litigating post-conviction remedies.

(f) As used in this section, the term “close of the case” means the expiration of the appeal period following the final conclusion of the case in the trial court. A case shall not be considered closed during an appeal or during post-conviction litigation.

II. Any person who knowingly violates the provisions of this section shall be guilty of a misdemeanor.

2 Effective Date. This act shall take effect upon its passage.

LBA

24-2842

12/4/23

SB 362-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to body-worn cameras.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None


Estimated State Impact - Increase / (Decrease)
	FY 2024	FY 2025	FY 2026	FY 2027
Revenue	$0	$0	$0	$0
Revenue Fund(s)	None
Expenditures	Department of Safety Position Costs - $77,000 in FY 2025, $80,000 in FY 2026, and $82,000 in FY 2027 Judicial and Correctional Costs - Indeterminable
Funding Source(s)	General Fund
Appropriations	$0	$0	$0	$0
Funding Source(s)	None
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No

Estimated Political Subdivision Impact - Increase / (Decrease)
	FY 2024	FY 2025	FY 2026	FY 2027
County Revenue	$0	$0	$0	$0
County Expenditures	Indeterminable
Local Revenue	$0	$0	$0	$0
Local Expenditures	Indeterminable

METHODOLOGY:

This bill will allow law enforcement to share body-worn camera recordings in a discovery capacity for criminal, juvenile delinquency, and administrative proceedings in a more efficient manner, which may require additional work for law enforcement agencies. The Department of Safety states it will require an additional full-time position within the Digital Evidence Unit which manages its body-worn camera and in-cruiser camera data for the Division of State Police. The Department states it would need one (1) paralegal II position (labor grade 19), with a total estimated cost of $77,000 in FY 2025, $80,000 in FY 2026, and $82,000 in FY 2027. It should be noted that this bill provides neither appropriation nor authorization for new personnel.

To the extent county and local law enforcement agencies utilize body-worn cameras, there may be an increased cost to county and local governments to comply with the provisions of this bill.

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Department of Safety, Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association