HB643 (2017) Detail

Mandating the wearing of body cameras by certain law enforcement officers.


HB 643-FN-A - AS INTRODUCED

 

 

2017 SESSION

17-0505

04/05

 

HOUSE BILL 643-FN-A

 

AN ACT mandating the wearing of body cameras by certain law enforcement officers.

 

SPONSORS: Rep. Dyer, Hills. 37; Rep. Hynes, Hills. 21

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires a law enforcement officer to wear a body-worn camera if the officer is the subject of a substantiated complaint based on the officer's conduct while in the line of duty and raises the penalty assessment imposed for criminal offenses by 3 percent.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0505

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT mandating the wearing of body cameras by certain law enforcement officers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Body-Worn Cameras; Officers Required to Wear Body Worn Cameras.  Amend RSA 105-D by inserting after section 2 the following new section:

105-D:3  Law Enforcement Officers Required to Wear a Body-Worn Camera.  

I.  A law enforcement officer who is the subject of a substantiated complaint based on the officer's conduct which occurred while the officer was in uniform and engaged in law enforcement-related encounters or activities shall be required to wear a body-worn camera prior to engaging in any future law enforcement-related encounters or activities.  The cost for such body-worn cameras shall be offset by a portion of penalty assessments collected pursuant to RSA 188-F:31.

II.  The chief law enforcement officer of a law enforcement agency shall submit a written request to the commissioner of the department of safety for funds to purchase a body-worn camera.  The commissioner shall, to the extent of available funds, grant such requests.

2  Police Standards and Training Council; Penalty Assessment.  Amend RSA 188-F:31, I-IV to read as follows:

I.  Every court shall levy a penalty assessment of $[2] 2.06 or [24] 27 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.  Notwithstanding any law or rule to the contrary, the penalty assessment shall be levied in addition to the amount of the fine or penalty imposed by the court.

II.  If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.

III.  If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

IV.  The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds.  The state treasurer shall deposit [66.66] 65.66 percent of the amount collected in the state general fund, [16.67] 15.67 percent of the amount collected in the victims' assistance fund, [and 16.67] 15.67 percent of the amount collected in the judicial branch information technology fund, and 3 percent of the amount collected is appropriated to the department of safety for the purchase of body-worn cameras for law enforcement officers pursuant to RSA 105-D:3.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

17-0505

1/24/17

 

HB 643-FN-A- FISCAL NOTE

as introduced

 

AN ACT mandating the wearing of body cameras by certain law enforcement officers.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] VIctims' Assistance Fund and Judicial Branch IT Fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

The Judicial Branch was originally contacted on January 4, 2017, and again on January 18, 2017 for a fiscal note worksheet, which the Branch has not provided as of January 24, 2017.

 

METHODOLOGY:

This bill makes it a requirement under RSA 105-D for law enforcement officers who are subject of a substantiated complaint based on the officer's conduct while on duty to wear a body camera. This bill also increases penalty assessments from $2.00 to $2.06 and from 24 to 27 percent; decreases the percentages of penalty assessments allocated to the general fund, victims' assistance fund, and Judicial Branch information technology fund by one percent each; and appropriates three percent of the amount collected to the Department of Safety to be used for the purchase of body-worn cameras under RSA 188-F:31.

 

Under existing law, the Department of Justice receives 16.67 percent of all penalty assessments collected for deposit in the Victims' Assistance Fund.  During the past five years this fund received approximately $789,000 in penalty assessments.  An average of $650,000 was paid out in victims' compensation and $120,000 was granted to victim service organizations.  While the Department of Justice cannot estimate the amount, there would be an increase to the Victims' Assistance Fund based on proposed legislation.  In addition, the Department of Justice receives a small federal grant for victims' compensation that is 100 percent dependent upon the amount of state funds awarded.

 

The Department of Safety collects the plea by mail portion of the penalty assessment.  The plea by mail allocation for $2,006,359 FY 2016 is provided with the allocation if proposed legislation was in effect for that year.

 

Plea by Mail

Existing Legislation

Proposed Legislation

Allocation

Amount

Percent

Amount

Percent

Increase to Revenue

General Fund

$1,336,995

66.66%

$1,482,047

65.66%

$145,052

Victims’ Assistance Fund

$334,682

16.67%

$353,696

15.67%

$19,014

Judicial Branch IT Fund

$334,682

16.67%

$353,696

15.67%

$19,014

Department of Safety Body Camera funds

 

N/A

N/A

$67,715

3%

$67,715

Total Collected

$2,006,359

100%

$2,257,154

100%

$250,795

 

The Department of Safety estimates body cameras cost $600 each.  To the extent State, county, and local law enforcement agencies would be required to purchase body cameras, there would be an indeterminable increase to expenditures.  The Department assumes there will be necessary additional costs associated with developing an infrastructure to transfer and store video in an evidence library server as well as maintenance support to ensure the system is operational.

 

AGENCIES CONTACTED:

Department of Safety, Department of Justice, New Hampshire Municipal Association, New Hampshire Association of Counties, and Judicial Branch

 

Links

HB643 at GenCourtMobile

Action Dates

Date Body Type
Jan. 31, 2017 House Hearing
Feb. 7, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote

Bill Text Revisions

HB643 Revision: 708 Date: Jan. 25, 2017, 11:27 a.m.

Docket


Feb. 15, 2017: Inexpedient to Legislate: MA VV 02/15/2017 HJ 7 P. 25


Feb. 15, 2017: Committee Report: Inexpedient to Legislate for 02/15/2017 (Vote 13-3; RC) HC 11 P. 17


Feb. 7, 2017: Executive Session: 02/07/2017 10:00 AM LOB 204


Jan. 31, 2017: Public Hearing: 01/31/2017 10:30 AM LOB 204


Jan. 5, 2017: Introduced 01/05/2017 and referred to Criminal Justice and Public Safety HJ 3 P. 23