HB 1496 - AS INTRODUCED
2016 SESSION
\t16-2616
\t05/01
HOUSE BILL\t1496
AN ACT\trelative to the expectation of privacy in personal materials.
SPONSORS:\tRep. Kurk, Hills. 2
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill establishes an expectation of privacy in personal materials.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2616
\t05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the expectation of privacy in personal materials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Expectation of Privacy. Amend RSA by inserting after chapter 507-G the following new chapter:
CHAPTER 507-H
EXPECTATION OF PRIVACY IN PERSONAL MATERIALS
\t507-H:1 Expectation of Privacy.
\t\tI. In this section:
\t\t\t(a) “Individual” means a living human being.
\t\t\t(b) “Government” means the federal government, the state government and any political subdivisions thereof, and state and municipal agencies and departments, including employees, agents, and contractors.
\t\t\t(c) “Person” means individuals, partnerships, limited liability companies, corporations and any other organizations, including for-profit and not-for-profit entities, but excluding government.
\t\t\t(d) “Personal materials” means physical items owned or possessed by an individual and abandoned intentionally or unintentionally, including without limitation, fingerprints, saliva, hair, household papers and effects, in private and public places.
\t\tII. Subject to a warrant supported by probable cause pursuant to Part I, Art. 19 of the New Hampshire constitution in the case of governments, and a court order signed by a judge in the case of persons, each individual has an expectation of privacy and protection from intrusion by government and persons in his or her personal materials.
\t\tIII. Nothing in this chapter shall limit the collection of personal materials by law enforcement agencies at crime scenes or its examination and analysis by forensic laboratories.
\t\tIV. If federal law preempts any provision of this chapter, that provision shall not apply to the federal government.
\t\tV. Each knowing violation of privacy under paragraph II is a separate offense. For the first violation or series of violations, a person shall be guilty of a class B misdemeanor and shall incur a fine of $1,000. For each subsequent knowing violation, the person shall be guilty of a class B felony and shall incur a fine of $2,000. In addition, in a civil case, for the first knowing violation or series of violations, a person injured by a violation of this section shall be awarded the higher of actual damages or $1,000, and for each subsequent knowing violation, the higher of actual damages or $2,000. The person shall also be awarded court costs and reasonable attorney’s fees.
\t2 Effective Date. This act shall take effect July 1, 2016.