HB 1373 - AS AMENDED BY THE HOUSE
HOUSE BILL 1373
SPONSORS: Rep. Kurk, Hills. 2; Rep. Itse, Rock. 10
This bill declares that an individual's genetic information and DNA sample are the property of the individual.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2018... 0740h 18-2553
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Genetic Testing; Definition Added. Amend RSA 141-H:1 by inserting after paragraph I the following new paragraph:
I-a. "DNA sample" means any human biological specimen from which DNA was extracted, or any human biological specimen that is obtained or retained for the purpose of extracting and analyzing DNA to determine a genetic characteristic. “DNA sample” shall also include DNA extract from the specimen.
2 New Paragraph; Genetic Testing; Definition Added. Amend RSA 141-H:1 by inserting after paragraph III the following new paragraph:
III-a. “Genetic information” is the information about an individual or family obtained from a genetic test or from an individual’s DNA sample.
141-H:2-a Individual Right to Genetic Information. An individual has a reasonable expectation of privacy in his or her genetic information and has a property interest in his or her physical DNA sample and, except as expressly otherwise provided in statute, neither the information nor sample shall be acquired, retained, or disclosed without the written consent of the individual or his or her legal representative or, after the individual’s death, his or her executor or other legal representative. If the individual is a juvenile, the juvenile and his or her parents must consent. Consent shall not be given in return for the resolution of a criminal case. This section shall not apply to abandoned property or to the identification of individuals in criminal investigations if the government has a search warrant or probable cause or has obtained the information or sample pursuant to RSA 651-C.
141-H:2-b Consent to Retain Information and Physical DNA Sample.
I. Any genetic information or physical DNA sample obtained by consent as authorized under RSA 141-H:2-a or with a warrant signed by a judge or based on probable cause, or pursuant to a judicially-recognized exception to the warrant requirement shall be retained for a specific purpose only and shall be destroyed and permanently deleted from all records once the genetic information and/or physical DNA sample has been used for the specific purpose for which consent was given.
II. This section shall not apply to the identification of individuals in criminal investigations if the government has obtained the sample pursuant to RSA 651-C.
|Jan. 25, 2018||House||Hearing|
|Feb. 20, 2018||House||Exec Session|
|March 6, 2018||House||Floor Vote|
|March 15, 2018||House||Floor Vote|
|April 17, 2018||Senate||Hearing|
|Jan. 3, 2018||Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 8|
|Jan. 25, 2018||Public Hearing: 01/25/2018 01:00 PM LOB 208|
|Feb. 20, 2018||Executive Session: 02/20/2018 LOB 208|
|Majority Committee Report: Ought to Pass with Amendment # 2018-0740h (Vote 9-6; RC)|
|March 6, 2018||Majority Committee Report: Ought to Pass with Amendment # 2018-0740h for 03/06/2018 (Vote 9-6; RC) HC 9 P. 70|
|Minority Committee Report: Inexpedient to Legislate|
|March 6, 2018||Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125|
|Special Order to 3/15/2018 Without Objection HJ 7 P. 49|
|March 15, 2018||Suspend House Rule 65; extending deadline for action to 3/22/2018 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/15/2018 HJ 8 P. 69|
|March 21, 2018||Amendment # 2018-0740h: AA VV 03/21/2018 HJ 9 P. 11|
|March 21, 2018||Ought to Pass with Amendment 0740h: MA RC 182-151 03/21/2018 HJ 9 P. 11|
|March 22, 2018||Introduced 03/22/2018 and Referred to Judiciary; SJ 11|
|April 17, 2018||Hearing: 04/17/2018, Room 100, SH, 09:15 am; SC 17|
|May 2, 2018||Committee Report: Referred to Interim Study, 05/02/2018; Vote 5-0; CC; SC 19|
|May 2, 2018||Refer to Interim Study, MA, VV; 05/02/2018; SJ 15|