Revision: Dec. 29, 2015, midnight
\t \t\tSB 402 - AS INTRODUCED
2016 SESSION
\t16-2907
\t08/03
SENATE BILL\t402
AN ACT\trelative to procedures related to the disclosure of exculpatory evidence by police officers.
SPONSORS:\tSen. Carson, Dist 14; Rep. Heffron, Rock. 18
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill requires a determination of whether information in a police officer's personnel file constitutes exculpatory evidence and allows a police officer who has information determined to be exculpatory evidence in his or her personnel file to have an opportunity to be heard by the prosecutorial body requesting the information in the file as exculpatory evidence.
\tThis bill is a request of the commission to study the use of police personnel files as they relate to the Laurie List established in 2015, 150:1.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2907
\t08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to procedures related to the disclosure of exculpatory evidence by police officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Police Officers; Limitation on Termination. Amend RSA 105 by inserting after section 1 the following new section:
\t105:1-a Police Officers; Limitation on Termination. No police officer shall have his or her employment terminated based solely on a finding that an act he or she committed shall be disclosed as exculpatory evidence in some or all criminal cases. Nothing in this section shall prohibit the employing authority from terminating the employment of a police officer for committing the underlying act required to be disclosed as exculpatory evidence.
\t2 New Section; Disclosure of Potentially Exculpatory Information; Police Officers. Amend RSA 105 by inserting after section 13-c the following new section:
\t105:13-d Disclosure of Potentially Exculpatory Information.
\t\tI. In this section, "exculpatory evidence" means any information required to be disclosed to the defendant in a criminal case under the state or federal constitutions.
\t\tII. Notwithstanding RSA 105:13-b, the attorney general, county attorney, or designee, shall have access to the personnel file of any police officer who may be a witness for either party in any criminal case, solely for the purpose of determining the existence of potentially exculpatory evidence. No attorney general, county attorney, or designee, who reviews a personnel file shall disclose any information obtained as a result of the review, except to the extent necessary to comply with the state or federal constitutions.
\t\tIII. When the chief determines that a police officer's personnel file contains potentially exculpatory evidence, such police officer shall be notified that the attorney general, county attorney, or designee shall be conducting a review of the file.
\t\tIV. Prior to any determination that conduct shall be disclosed as potentially exculpatory evidence, the police officer shall have an opportunity to be heard by the attorney general, county attorney or designee, concerning whether the facts shall be disclosed to the defendant under the state or federal constitutions.
\t\tV. Pursuant to RSA 491:22, a police officer who has been found to have committed an act which could be required to be disclosed to the defense in a criminal case may bring a declaratory judgment action in the superior court to determine whether the act he or she was found to have committed an act that constitutes potentially exculpatory evidence that is required to be disclosed to the defense. No such action shall be brought until the police officer has exhausted all administrative remedies provided for in statute, administrative rule, or in any employment contract. In ruling on the petition, the superior court shall accept as true all facts found by the police chief, arbitrator, administrative officer, or other fact finder, unless against the manifest weight of the evidence. The superior court determination shall be limited to determining whether the facts rise to the level of potentially exculpatory evidence that shall be disclosed in all cases, in some cases, or in no cases under the state and federal constitutions. If the court finds that the facts reflect evidence that shall be disclosed in some, but not all cases, the prosecutor shall remain responsible for determining when potentially exculpatory evidence shall be disclosed to the defense under the state and federal constitutions.
\t3 Effective Date. This act shall take effect 60 days after its passage.