HB1526 (2008) Detail

(New Title) relative to the use of images of New Hampshire residents who died in the line of duty.


HB 1526 – AS AMENDED BY THE HOUSE

06Feb2008… 0241h

18Mar2008… 0910h

2008 SESSION

08-2092

06/09

HOUSE BILL 1526

AN ACT relative to the use of images of New Hampshire residents who died in the line of duty.

SPONSORS: Rep. Baldasaro, Rock 3; Rep. Carson, Rock 3; Rep. Villeneuve, Hills 18; Rep. Haefner, Hills 27; Sen. Kenney, Dist 3; Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19

COMMITTEE: State-Federal Relations and Veterans Affairs

AMENDED ANALYSIS

This bill prohibits unauthorized use of images of New Hampshire residents who died in the line of duty.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06Feb2008… 0241h

18Mar2008… 0910h

08-2092

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the use of images of New Hampshire residents who died in the line of duty.

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

1 New Section; Unauthorized Use of Images of New Hampshire Residents Who Died in the Line of Duty. Amend RSA 644 by inserting after section 9 the following new section:

644:9-a Unauthorized Use of Images.

I. No person may financially benefit from making disparaging or derogatory use of any recognizable facial image of a New Hampshire resident who died or was killed in the line of duty while serving in the armed forces of the United States unless such person has obtained the written authorization of the decedent’s next of kin.

II. Any person who violates the provisions of this act shall be guilty of a violation.

III. Whenever there is a violation under paragraph I an application may be made by the attorney general in the name of the people of the state to a court having jurisdiction to issue an injunction, and upon notice to the defendant of not less than 5 days, to enjoin and restrain the continuance of the violation. If the court is satisfied that the defendant has, in fact, violated this section, an injunction may be issued by the court, enjoining and restraining any further violations, without requiring proof that any person has in fact been injured or damaged.

IV. Media outlets, including but not limited to magazines and newspapers, shall be exempt from the provisions of this section.

2 Effective Date. This act shall take effect 60 days after its passage.