HB1329 (2018) Detail

Relative to eyewitness identification procedures.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

Links

HB1329 at GenCourtMobile

Action Dates

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

Bill Text Revisions

HB1329 Revision: 4279 Date: July 3, 2018, 3:41 p.m.
HB1329 Revision: 3628 Date: May 8, 2018, 10:52 a.m.
HB1329 Revision: 3136 Date: Feb. 23, 2018, 9:06 a.m.
HB1329 Revision: 1998 Date: Nov. 6, 2017, 11:06 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 7
Jan. 25, 2018 Public Hearing: 01/25/2018 01:00 PM LOB 204
Jan. 30, 2018 Executive Session: 01/30/2018 LOB 204
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
Feb. 22, 2018 Amendment # 2018-0293h: AA VV 02/22/2018 HJ 5 P. 5
Feb. 22, 2018 Ought to Pass with Amendment 0293h: MA VV 02/22/2018 HJ 5 P. 5
March 8, 2018 Introduced 03/08/2018 and Referred to Judiciary; SJ 7
April 17, 2018 Hearing: 04/17/2018, Room 100, SH, 09:45 am; SC 17
April 26, 2018 Committee Report: Ought to Pass, 04/26/2018; SC 18
April 26, 2018 Ought to Pass: MA, VV; OT3rdg; 04/26/2018; SJ 14
May 3, 2018 Enrolled Bill Amendment # 2018-1845e Adopted, VV, (In recess of 05/03/2018); SJ 17
May 3, 2018 Enrolled Bill Amendment # 2018-1845e: AA VV 05/03/2018
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
Signed by Governor Sununu 07/02/2018; Chapter 347; Eff. 01/01/2019