HB 1546-FN - AS INTRODUCED

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2016 SESSION

16-2525

05/04

HOUSE BILL 1546-FN

AN ACT permitting the audio recording of a public servant performing a public function.

SPONSORS: Rep. Hull, Graf. 9; Rep. Sylvia, Belk. 6; Rep. Aldrich, Belk. 2; Rep. Ammon, Hills. 40

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill permits the audio recording of a public servant performing a public function.  The bill also permits the interception of telecommunications or oral communication if at least one party consents to the recording.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2525

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT permitting the audio recording of a public servant performing a public function.

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

1  Interception and Disclosure of Telecommunication or Oral Communications.  Amend the introductory paragraph of RSA 570-A:2, I to read as follows:

I.  A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter or without the consent of [all parties] at least one party to the communication, the person:

2  New Subparagraph; Audio and Video Recording of a Public Servant Permitted.  Amend RSA 570-A:2, II by inserting after subparagraph (l) the following new subparagraph:

(m)  Any person to make an audio recording or an audio recording in conjunction with a video recording of any public servant, as defined in RSA 640:2, II(a), while the public servant is performing a government function or any activity related to a government function.

3  New Paragraph; Obstructing Government Administration; Audio and Video Recording of a Public Servant Permitted.  Amend RSA 642:1 by inserting after paragraph IV the following new paragraph:

V.  Making of an audio recording or an audio recording in conjunction with a video recording of any public servant as defined in RSA 640:2, II(a) while the public servant is performing a government function or any activity related to a government function shall not be an offense under this section.

4  New Paragraph; Disorderly Conduct; Audio and Video Recording of a Public Servant Permitted.  Amend RSA 644:2 by inserting after paragraph VI the following new paragraph:

VII.  Making of an audio recording or an audio recording in conjunction with a video recording of any public servant, as defined in RSA 640:2, II(a), while the public servant is performing a government function or any activity related to a government function shall not be an offense under this section.

5  New Subdivision; Access to Governmental Records and Meetings; Recording of Public Servants Permitted.  Amend RSA 91-A by inserting after section 15 the following new subdivision:

Recording of Public Servants

91-A:16  Recording of Public Servants Engaged in Government Functions.  

I.  All public servants, as defined by RSA 640:2 II(a), shall be subject to audio recording or an audio recording in conjunction with a video recording by any person while the public servant is performing a government function or any activity related to a government function.

II.  A person is guilty of a misdemeanor if that person uses intimidation, actual or threatened force or violence, or engages in any other unlawful conduct with a purpose to hinder or interfere with the audio recording or an audio recording in conjunction with a video recording of a public servant while the public servant is performing a government function or any activity related to a government function.

6  Repeal.  RSA 570-A:2, I-a, relative to the penalty for knowing interception of a telecommunication or oral communication without the consent of all parties to the communication, is repealed.

7  Effective Date.  This act shall take effect January 1, 2017.

LBAO

16-2525

Revised 12/30/15

HB 1546-FN- FISCAL NOTE

AN ACT permitting the audio recording of a public servant performing a public function.

FISCAL IMPACT:

The Judicial Branch, Department of Administrative Services, and New Hampshire Association of Counties state that this bill, as introduced, will have an indeterminable impact on state and county expenditures in FY 2017 and each year thereafter.  There will be no fiscal impact on state, county, and local revenue or local expenditures.

METHODOLOGY:

The Judicial Branch states this bill permits the interception or recording of telecommunication and oral communications if at least one party to the conversation consents and permits the audio and video recording of public servants in action.  This bill amends certain sections of RSA removing some felonies and violation level offenses.  However, the bill adds an unspecified misdemeanor for interfering with the recording of a public servant performing a government function.  The net effect of the proposed bill could be fewer class B felonies and violations and more unspecified misdemeanor offenses.  Unspecified misdemeanors are assumed to be class B.   There is no method to determine how many charges would be brought or not brought forward as a result of this bill to determine the fiscal impact on expenditures.  The table below provides the potential costs and reductions associated with each penalty included and removed in this bill:  

The Judicial Council assumes this bill would decrease the number of individuals charged for illegally intercepting or recording communications and increase the number of people charged for criminal conduct because law enforcement would have access to much more recorded evidence of illegal conduct.  The Council assumes the number of reduced charges, related to eliminating the penalty for recording communications, will offset the number of increased charges, related to more evidence being available to press charges, resulting in a net impact of zero to the Council's budget.   

The Department of Administrative Services states that it has no information on how often a member of the public may attempt to record Department employees at work, what legitimate security measures may be needed to afford employees a safe and secure workplace or how the initiation of any such measures may be considered unlawful interference with audio or video recording to determine the impact of this bill on state expenditures.

The New Hampshire Association of Counties states this bill will have an indeterminable impact on county expenditures.

The New Hampshire Municipal Association states this bill will have no impact on local revenues or expenditures.

The Department of Corrections and Department of Justice state this bill will have no impact on their respective operations.