Revision: Dec. 14, 2011, midnight
HB 1438 – AS INTRODUCED
2012 SESSION
09/05
HOUSE BILL 1438
AN ACT relative to confidentiality of police personnel files.
SPONSORS: Rep. LaCasse, Sull 4; Rep. Cohn, Merr 6; Rep. Tregenza, Carr 2; Rep. Baldasaro, Rock 3; Rep. Cunningham, Sull 2; Rep. Krasucki, Hills 26; Rep. Sorg, Graf 3; Rep. Giuda, Merr 7; Rep. McClarren, Hills 21; Sen. Odell, Dist 8
COMMITTEE: Criminal Justice and Public Safety
This bill clarifies that confidentiality provisions regarding police personnel files shall not be construed to limit a defendant’s right to obtain exculpatory evidence.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2208
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to confidentiality of police personnel files.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Confidentiality of Police Personnel Files. Amend RSA 105:13-b to read as follows:
105:13-b Confidentiality of Personnel Files. No personnel file on a police officer who is serving as a witness or prosecutor in a criminal case shall be opened for the purposes of that criminal case, unless the sitting judge makes a specific ruling that probable cause exists to believe that the file contains evidence relevant to that criminal case. If the judge rules that probable cause exists, the judge shall order the police department employing the officer to deliver the file to the judge. The judge shall examine the file in camera and make a determination whether it contains evidence relevant to the criminal case. Only those portions of the file which the judge determines to be relevant in the case shall be released to be used as evidence in accordance with all applicable rules regarding evidence in criminal cases. The remainder of the file shall be treated as confidential and shall be returned to the police department employing the officer. Nothing in this section shall be construed to limit a defendant’s right to obtain exculpatory evidence.
2 Effective Date. This act shall take effect 60 days after its passage.