SB 362-FN - AS AMENDED BY THE SENATE

03/07/2024   0814s

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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AMENDED ANALYSIS

This bill directs the New Hampshire law enforcement accreditation commission to issue a report concerning the issues implicated by copying, distribution, or use of body worn camera images in certain 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2024   0814s 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  Law Enforcement Accreditation Commission; Report Required; Issues Raised by Copying, Distribution, or Use of Body-Worn Camera Images.  

The law enforcement accreditation commission (LEAC) shall submit a report to the senate president, the speaker of the house of representatives, the house clerk, and the senate clerk by November 1, 2024, identifying issues raised by copying, distribution, or use of body-worn camera images, including but not limited to, disclosing sources and methods of investigations; privacy of suspects, law enforcement officers, and civilians; constitutional obligations to release information to defendants under Brady v. Maryland; and the right of the public to access such images pursuant to part 1, article 8 of the New Hampshire constitution and RSA 91-A, the New Hampshire right-to-know law.

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

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