SB211 (2017) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Chapter; Statewide Law Enforcement Data Network. Amend RSA by inserting after chapter 106-K the following new chapter:

CHAPTER 106-L

StateWIDE LAW ENFORCEMENT DATA NETWORK

106-L:1 Purpose and Intent. It is the purpose of this chapter to establish an efficient law enforcement data network for all law enforcement agencies in New Hampshire. It is the intent of the legislature that the network be established and maintained in a condition sufficient for the needs of law enforcement.

106-L:2 Statewide Law Enforcement Data Network.

I. The division of state police within the department of safety shall maintain the statewide law enforcement data network for the use of law enforcement agencies, or its successor.

II. The use of the network shall be used exclusively for the informational needs of governmental criminal justice agencies.

106-L:3 Participation by other Law Enforcement Agencies. The division may authorize other law enforcement agencies or criminal justice agencies to participate in the data network upon such terms and conditions as are necessary to protect the security of the network.

106-L:4 Fees from Users. The division is authorized to charge service fees to users in order to reimburse the division for expenditures made on behalf of the other users.

106-L:5 Law Enforcement Data Network Fund. There is established in the office of the state treasurer a nonlapsing fund to be known as the law enforcement data network fund to be administered by the commissioner of the department of safety, which shall be kept distinct and separate from all other funds. All moneys in the law enforcement data network fund shall be continually appropriated to the commissioner of the department of safety pay the expenses of financing the acquisition, installation, enhancement, and maintenance equipment for the operation of the network, including additions, extensions, and improvements thereto. All fees collected pursuant to this chapter shall be credited to the law enforcement data network fund.

106-L:6 Audit. The division may audit state and local law enforcement and criminal justice agencies to ensure compliance with federal and state laws, as well as policies of the division which pertain to the law enforcement data network.

106-L:7 Termination of Service. The division shall terminate service to the law enforcement data network if it determines there is a risk or violation of the security or privacy restriction imposed by state or federal statutes or delinquency in payment of assessed fees.

106-L:8 Release or Disclosure Unauthorized. A person is guilty of a class A misdemeanor if the person:

I. Knowingly accesses information or willfully obtains information from the law enforcement data network for an unauthorized purpose; or

II. Knowingly releases or discloses information from the law enforcement data network to another person who lacks authority to receive the information.

2 New Subparagraph; Law Enforcement Data Network Fund. Amend RSA 6:12, I(a) by inserting after subparagraph (333) the following new subparagraph:

(334) Moneys deposited in the law enforcement data network fund established in RSA 106-L:5

3 Effective Date.

I. RSA 106-L:4 and RSA 106-L:5 as inserted by section 1 of this act shall take effect January 1, 2019.

II. The remainder of this act shall take effect January 1, 2018.

Changed Version

Text to be added highlighted in green.

1 New Chapter; Statewide Law Enforcement Data Network. Amend RSA by inserting after chapter 106-K the following new chapter:

CHAPTER 106-L

StateWIDE LAW ENFORCEMENT DATA NETWORK

106-L:1 Purpose and Intent. It is the purpose of this chapter to establish an efficient law enforcement data network for all law enforcement agencies in New Hampshire. It is the intent of the legislature that the network be established and maintained in a condition sufficient for the needs of law enforcement.

106-L:2 Statewide Law Enforcement Data Network.

I. The division of state police within the department of safety shall maintain the statewide law enforcement data network for the use of law enforcement agencies, or its successor.

II. The use of the network shall be used exclusively for the informational needs of governmental criminal justice agencies.

106-L:3 Participation by other Law Enforcement Agencies. The division may authorize other law enforcement agencies or criminal justice agencies to participate in the data network upon such terms and conditions as are necessary to protect the security of the network.

106-L:4 Fees from Users. The division is authorized to charge service fees to users in order to reimburse the division for expenditures made on behalf of the other users.

106-L:5 Law Enforcement Data Network Fund. There is established in the office of the state treasurer a nonlapsing fund to be known as the law enforcement data network fund to be administered by the commissioner of the department of safety, which shall be kept distinct and separate from all other funds. All moneys in the law enforcement data network fund shall be continually appropriated to the commissioner of the department of safety pay the expenses of financing the acquisition, installation, enhancement, and maintenance equipment for the operation of the network, including additions, extensions, and improvements thereto. All fees collected pursuant to this chapter shall be credited to the law enforcement data network fund.

106-L:6 Audit. The division may audit state and local law enforcement and criminal justice agencies to ensure compliance with federal and state laws, as well as policies of the division which pertain to the law enforcement data network.

106-L:7 Termination of Service. The division shall terminate service to the law enforcement data network if it determines there is a risk or violation of the security or privacy restriction imposed by state or federal statutes or delinquency in payment of assessed fees.

106-L:8 Release or Disclosure Unauthorized. A person is guilty of a class A misdemeanor if the person:

I. Knowingly accesses information or willfully obtains information from the law enforcement data network for an unauthorized purpose; or

II. Knowingly releases or discloses information from the law enforcement data network to another person who lacks authority to receive the information.

2 New Subparagraph; Law Enforcement Data Network Fund. Amend RSA 6:12, I(a) by inserting after subparagraph (333) the following new subparagraph:

(334) Moneys deposited in the law enforcement data network fund established in RSA 106-L:5

3 Effective Date.

I. RSA 106-L:4 and RSA 106-L:5 as inserted by section 1 of this act shall take effect January 1, 2019.

II. The remainder of this act shall take effect January 1, 2018.