HB 1566-FN - AS INTRODUCED
2024 SESSION
24-2065
09/10
HOUSE BILL 1566-FN
AN ACT relative to the review of police investigations.
SPONSORS: Rep. Boehm, Hills. 14; Rep. Roy, Rock. 31
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill provides a method for local or county governmental bodies to request an independent investigation by the state police of a local police department investigation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2065
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the review of police investigations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be known and cited as "Kitana's law."
2 New Subparagraph; Department of Justice; Office of the Solicitor General. Amend RSA 21-M:12-a, II by inserting after subparagraph e the following new subparagraph:
(f) Reviewing requests from any municipal governing body, county attorney, or county sheriff for a review of a local police investigation. Upon receipt and review, the solicitor general, or designee, shall direct the state police to conduct a separate and independent investigation and to issue a separate and independent report. The solicitor general or designee shall ensure that the state police are provided all information and evidence that was available to the local police department or to the municipal governing body, county attorney, or county sheriff that submitted the request.
3 Effective Date. This act shall take effect 60 days after its passage.
24-2065
Revised 12/20/23
HB 1566-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the review of police investigations.
FISCAL IMPACT: [ ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures | $0 | Department of Justice Costs - $220K in FY25, $215K in FY26, and $218K in FY27
Department of Safety 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 | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable | ||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | ||||
METHODOLOGY:
This bill provides a method for local and county governmental bodies to request an independent investigation by the Division of State Police of a local police department investigation. Upon receipt and review, the NH Office of the Solicitor General shall direct the State Police to conduct a separate and independent investigation and to issue a separate and independent report.
The Department of Justice states this bill:
- Amends the statute relative to the duties of the Solicitor General by adding a significantly new obligation to receive and review requests from municipal governing bodies, county attorneys, or county sheriffs to review local police investigations. The Department is not able to estimate the number of requests that might occur; however, it is anticipated that such requests would be sufficient to substantially alter the current workload of the Solicitor General.
- Requires, for any request received, the Solicitor General shall direct the State Police to conduct its own separate and independent investigation and to issue its own separate and independent report. The Department assumes that this direction would be done by written correspondence to a specific contact at the State Police troop located in the vicinity of the requesting party.
- Requires the Solicitor General to ensure that State Police are provided all information and evidence that was available to the local police department or to the municipal governing body, county attorney, or county sheriff that submitted the request. The Department assumes that this requirement entails providing to State Police the same information and evidence provided to the Solicitor General for review.
The Department of Justice states the number of requests this bill may generate is unknown and the requirement to provide all information and evidence that was available to the local police department or to the municipal governing body, county attorney, or county sheriff to state police is ambiguous in scope. The higher the number of requests and the greater the scope of the requirement to ensure all information and evidence be provided to state police, the higher the likelihood that the Department will need additional staff to implement this bill’s provisions. The Department states it would likely need two new positions; one (1) attorney and (1) investigative paralegal, at a total estimated cost of $220,000 in FY 2025, $215,000 in FY 2026, and $218,000 in FY 2027. This bill provides neither authorization nor appropriation for new personnel.
The Department of Safety states it is difficult to determine the fiscal impact caused by this bill, if any, as it is not possible to predict the potential requests for the State Police to conduct independent investigations, nor the amount of time or resources necessary to conduct such investigations.
AGENCIES CONTACTED:
Department of Justice and Department of Safety