HB 204 – AS INTRODUCED
2009 SESSION
03/05
HOUSE BILL 204
AN ACT relative to discovery in driving while intoxicated cases.
SPONSORS: Rep. Burridge, Ches 3
COMMITTEE: Criminal Justice and Public Safety
This bill specifies the discovery related to blood, breath, and urine tests available in driving while intoxicated cases.
This bill was requested by the department of safety.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0428
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to discovery in driving while intoxicated cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Official Record of Tests; Discovery. Amend RSA 265-A:12 by inserting after paragraph V the following new paragraph:
VI.(a) Upon request, discovery concerning the results of the breath or chemical test taken at the direction of the law enforcement officer shall be made available to the person tested. Such discovery shall be limited to the following:
(1) The type of test administered and whether such test was performed in accordance with RSA 265-A:5, V(a)-(c).
(2) The time of the collection of the blood, breath, or urine analyzed.
(3) The numerical results of the test indicating the blood alcohol content of the blood, breath, or urine.
(b) Discovery under subparagraph (a) shall not include manuals, schematics, or software of the instrument used to test the sample, any other material that is not in the actual possession of the state, or any information in the possession of the manufacturer of the test instrument.
(c) Notwithstanding subparagraphs (a) and (b), the court may order additional discovery upon a showing that there is a realistic and substantial likelihood that the testing instrument is not reliable.
2 Effective Date. This act shall take effect 60 days after its passage.