CHAPTER 347
HB 1329 - FINAL VERSION
22Feb2018... 0293h
3May2018... 1845-EBA
2018 SESSION
18-2029
08/04
HOUSE BILL 1329
AN ACT relative to eyewitness identification procedures.
SPONSORS: Rep. O'Leary, Hills. 13; Rep. Cushing, Rock. 21; Rep. Fields, Belk. 4
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires certain law enforcement agencies to adopt a written policy regarding eyewitness identification procedures.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2018... 0293h
3May2018... 1845-EBA 18-2029
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to eyewitness identification procedures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
347:1 New Chapter; Eyewitness Identification Policy. Amend RSA by inserting after chapter 595-B the following new chapter:
CHAPTER 595-C
EYEWITNESS IDENTIFICATION POLICY
595-C:1 Definitions. In this chapter:
I. "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
II. "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
III. "Show-up" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator.
595-C:2 Written Policy Required. Each state, county, and local law enforcement agency that conducts photo lineups, live lineups, or show-ups shall adopt a written policy that sets forth the manner in which they shall be conducted. Such policy shall conform to the standards and procedures established by the office of the attorney general and as contained in the latest version of the law enforcement manual pertaining to pretrial identification procedures. Such written policy shall be kept on file and available for inspection by the attorney general.
347:2 Effective Date. This act shall take effect January 1, 2019.
Approved: July 02, 2018
Effective Date: January 01, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2018 | House | Hearing |
| Jan. 30, 2018 | House | Exec Session |
| House | Floor Vote | |
| Feb. 22, 2018 | House | Floor Vote |
| April 17, 2018 | Senate | Hearing |
| April 26, 2018 | Senate | Floor Vote |
: Signed by Governor Sununu 07/02/2018; Chapter 347; Eff. 01/01/2019
May 10, 2018: Enrolled 05/10/2018
May 10, 2018: Enrolled (In recess 05/10/2018); SJ 18
May 3, 2018: Enrolled Bill Amendment # 2018-1845e: AA VV 05/03/2018
May 3, 2018: Enrolled Bill Amendment # 2018-1845e Adopted, VV, (In recess of 05/03/2018); SJ 17
April 26, 2018: Ought to Pass: MA, VV; OT3rdg; 04/26/2018; SJ 14
April 26, 2018: Committee Report: Ought to Pass, 04/26/2018; SC 18
April 17, 2018: Hearing: 04/17/2018, Room 100, SH, 09:45 am; SC 17
March 8, 2018: Introduced 03/08/2018 and Referred to Judiciary; SJ 7
Feb. 22, 2018: Ought to Pass with Amendment 0293h: MA VV 02/22/2018 HJ 5 P. 5
Feb. 22, 2018: Amendment # 2018-0293h: AA VV 02/22/2018 HJ 5 P. 5
: Committee Report: Ought to Pass with Amendment # 2018-0293h (Vote 20-0; CC)
Feb. 22, 2018: Committee Report: Ought to Pass with Amendment # 2018-0293h for 02/22/2018 (Vote 20-0; CC) HC 7 P. 6
Jan. 30, 2018: Executive Session: 01/30/2018 LOB 204
Jan. 25, 2018: Public Hearing: 01/25/2018 01:00 PM LOB 204
Jan. 3, 2018: Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 7