HB171 (2007) Detail

Clarifying the wiretapping and eavesdropping statute.


HB 171 – AS INTRODUCED

2007 SESSION

07-0043

04/03

HOUSE BILL 171

AN ACT clarifying the wiretapping and eavesdropping statute.

SPONSORS: Rep. Ulery, Hills 27; Rep. Itse, Rock 9; Rep. Renzullo, Hills 27

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill makes changes to the definitions and exceptions to the wiretapping and eavesdropping statute.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0043

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT clarifying the wiretapping and eavesdropping statute.

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

1 Wiretapping and Eavesdropping; Definitions. Amend RSA 570-A:1, III to read as follows:

III. “Intercept” means the aural or other acquisition of, or the recording of, the contents of any telecommunication or oral communication through the use of any electronic, mechanical, or other device, when such communication would not otherwise be audible to a third party.

2 Wiretapping and Eavesdropping; Definitions. Amend RSA 570-A:1, VIII to read as follows:

VIII. “Judge of competent jurisdiction” means a judge of the superior court in the county in which the interception is sought.

3 New Paragraphs; Wiretapping and Eavesdropping; Definitions. Amend RSA 570-A by inserting after paragraph XII the following new paragraphs:

XIII. “Caller identification” shall be as defined in RSA 359-E:1.

XIV. “Public servant” shall be as defined in RSA 640:2, II.

XV. “Private detective” means any person holding a valid private detective license under New Hampshire law.

4 New Subparagraphs; Wiretapping and Eavesdropping; Interception and Disclosure. Amend RSA 570-A:2, II by inserting after subparagraph (k) the following new subparagraphs:

(l) Any person, in a public area of such person’s home or curtilege where no expectation of privacy exists, to record by any means any person or activity in such area, without notice that such recording was occurring.

(m) Any person, in a public place where no expectation of privacy exists, to record by any means any action or conversation that would otherwise be perceptible to a reasonable person in such place, without notice that such recording was occurring.

(n) Any private detective to make an audio recording of a conversation while simultaneously engaged in lawful videotaping.

(o) Any person to use a recording device to retrieve telephone messages left at any telephone number.

(p) Any person to use a caller identification device to track telephone calls.

5 New Paragraph; Wiretapping and Eavesdropping; Interception and Disclosure. Amend RSA 570-A:2 by inserting after paragraph II the following new paragraph:

III. No expectation of privacy exists under any circumstances for any public servant while in the course of his or her official duties and while in a public place.

6 Effective Date. This act shall take effect January 1, 2008.

Links

HB171 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB171 Revision: 10492 Date: Jan. 11, 2010, midnight

Docket