HB 67-FN - AS INTRODUCED

 

 

2023 SESSION

23-0194

04/08

 

HOUSE BILL 67-FN

 

AN ACT relative to the right to review source code of software in criminal cases.

 

SPONSORS: Rep. Gallager, Merr. 20

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill provides that a defendant shall have the right to examine the source code of any computer software used to generate evidence against him or her.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0194

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to the right to review source code of software in criminal cases.

 

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

 

1  New Section; General Principles; Right to Examine Source Code.  Amend RSA 626 by inserting after section 8 the following new section:

626:9  Right to Examine Source Code.  A defendant shall have the right to examine the source code of any software used to generate evidence used against him or her in a criminal proceeding, in order to assess the reliability of such evidence.

2  Effective Date.  This act shall take effect January 1, 2024.

 

LBA

23-0194

11/9/22

 

HB 67-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the right to review source code of software in criminal cases.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill provides that a defendant shall have the right to examine the source code of any computer software used to generate evidence against him or her.

 

The Judicial Branch assumes this bill would result in additional discovery motions filed with the Court and, if a dispute arises regarding the proprietary/confidential nature of source code, the hearings could be substantial.  The Judicial Branch is unable to determine how many additional hearings, if any, would result from the bill.  

 

The Judicial Council assumes defense counsel will need to retain experts for review of the source code, as it is technical information that will require expert review.  Electronic discovery is becoming more common in criminal cases, and it is anticipated that the need for expert services would apply to all such cases.  The Council estimates this bill will increase indigent defense costs by a significant but indeterminate amount.

 

AGENCIES CONTACTED:

Judicial Branch and Judicial Council