Revision: Dec. 22, 2011, midnight
HB 1535-FN – AS INTRODUCED
2012 SESSION
01/04
HOUSE BILL 1535-FN
AN ACT relative to arrest records under the right-to-know law.
SPONSORS: Rep. Giuda, Merr 7; Rep. Chandler, Carr 1; Rep. McClarren, Hills 21; Rep. Pitre, Straf 3
This bill makes arrest records subject to the right-to-know law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2143
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to arrest records under the right-to-know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. The purpose of this act is to make arrest records public and to require that they contain basic and essential information about an arrest. The public has a substantial interest in the information contained in arrest records, considering the public safety implication and the deprivation of constitutional freedoms. Currently, the right-to-know law does not expressly address arrests records and therefore the public’s right of access to arrest records varies throughout New Hampshire, both in terms of whether such records are available upon request, and what such records contain.
2 New Section; Definition Added; Arrest Records. Amend RSA 91-A by inserting after section 4 the following new section:
91-A:4-a Arrest Records. For the purposes of this chapter, an “arrest record” means a record created by law enforcement personnel to document the arrest of an individual. Arrest records shall be public. Arrest records shall contain, at a minimum:
I. The identity of this individual arrested;
II. The identity of the arresting officer or officers;
III. A statement of the objective facts and circumstances leading up to and surrounding the arrest, including but not limited to, why and how the arrest was made;
IV. The alleged crime;
V. Whether the arrest was made pursuant to a warrant;
VI. The agencies participating in the investigation; and
VII. The length of the investigation.
3 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2143
12/13/11
HB 1535-FN - FISCAL NOTE
AN ACT relative to arrest records under the right-to-know law.
FISCAL IMPACT:
The Department of Safety states this bill may increase state restricted revenue and expenditures by an indeterminable amount in FY 2013 and each year thereafter. The New Hampshire Association of Counties states this bill may increase county expenditures by an indeterminable amount in FY 2013 and each year thereafter. The New Hampshire Municipal Association states this bill may increase local expenditures by an indeterminable amount in FY 2013 and each year thereafter. There is no fiscal impact on county and local revenue.
METHODOLOGY:
The Department of Safety states this bill makes arrest records subject to the right to know law. The Department states the fiscal impact on expenditures and revenue cannot be determined as the number of requests that would be made is unknown. The Department states each request will increase criminal record revenues and operating costs of the state police criminal records unit.
The New Hampshire Association of Counties states to the extent there is an increase in requests for arrest records there would be a corresponding increase in time and resources expended to respond to the requests above the actual copying costs.
The New Hampshire Municipal Association states to the extent this bill’s requirements results in an increase in requests for records there would be an increase in expenditures. Additionally, to the extent this bill’s requirements exceed what police departments already include in their arrest records, there may be an increase in local expenditures to comply with the requests.
The Department of Justice states the Department already reviews and discloses arrest records, to the extent permissible, in response to right to know requests, therefore this bill will not have a fiscal impact on the Department.