HB 125  - AS INTRODUCED

 

 

2021 SESSION

21-0092

08/06

 

HOUSE BILL 125

 

AN ACT relative to post-arrest photo distribution by law enforcement officers.

 

SPONSORS: Rep. Klein-Knight, Hills. 11; Rep. Bouchard, Hills. 11; Rep. Roy, Rock. 32

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits law enforcement from distributing post-arrest photos of suspects except in certain circumstances.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0092

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to post-arrest photo distribution by law enforcement officers.

 

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

 

1  Law Enforcement; Information Sharing.  New Subdivision; Post-Arrest Photo Distribution.  Amend RSA 105 by inserting after section 19 the following new subdivision:

Post-Arrest Photo Distribution

105:20  Law Enforcement; Post-Arrest Photo Distribution.  Post-arrest photos taken by law enforcement officers of arrested persons shall be considered records compiled for investigatory purposes and shall not be subject to RSA 91-A unless the subject of the photo is convicted of a charge arising out of the arrest that led to the taking of the photo.  Law enforcement officers shall not publicly disseminate the post-arrest photos unless the subject of the photo is a fugitive from justice who poses an immediate and ongoing danger to public safety.  Law enforcement officers may release such applicable post-arrest photos to the subject of the photo upon written request of the person.  Law enforcement officers shall maintain a record of all applicable photos released or disseminated and shall include with whom the photos were shared and for what purpose.  Nothing in this subdivision shall prohibit the ability of law enforcement agencies from disseminating such post-arrest photos to witnesses or to other law enforcement agencies in the performance of any valid law enforcement function.  Nothing in this subdivision shall alter the ability of law enforcement agencies to take or use the photos of convicted, registered sex offenders under the provisions in RSA 651-B:5.

2  Effective Date.  This act shall take effect January 1, 2022.