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1 New Section; Expectation of Privacy in Personal Materials. Amend RSA 644 by inserting after section 644:21 the following new section:
644:22 Expectation of Privacy in Personal Materials.
I. In this section:
(a) "Individual" means a living human being.
(b) "Government" means the federal government, the state government, and its political subdivisions, and state and municipal agencies and departments, including employees, agents, and contractors.
(c) "Person" means an individual, partnership, limited liability company, corporation, and any other organization, including for-profit and not-for-profit entities, but excluding government.
(d) "Personal materials" means physical items owned or possessed by an individual or abandoned intentionally or unintentionally, including without limitation, fingerprints, saliva, hair, household papers, and effects, in private and public places.
II. Subject to a warrant supported by probable cause pursuant to Part I, Art. 19 of the New Hampshire constitution or a judicially recognized exception to the warrant requirement in the case of governments, and a court order signed by a judge in the case of persons, each individual has an expectation of privacy and protection from intrusion by government and persons in his or her personal materials.
III. Nothing in this section shall limit the acquisition, collection, retention, or use of personal materials:
(a) By a law enforcement agency at a crime scene or through examination and analysis of such materials by forensic laboratories; or
(b) By the judicial branch or any state regulatory agency within the branch's or agency's adjudicatory or regulatory function.
IV. If federal law preempts any provision of this section, such provision shall not apply to the federal government.
V. Each knowing violation of privacy under paragraph II shall constitute a separate offense. For the first knowing violation or series of violations, a person shall be guilty of a class B misdemeanor and shall be subject to a fine of not more than $1,000. For each subsequent knowing violation, a person shall be guilty of a class B felony and shall be subject to a fine of not more than $2,000. In addition, in a civil case, for the first knowing violation or series of violations, an individual injured by a violation of this section shall be awarded the higher of actual damages or $1,000, and for each subsequent knowing violation, shall be awarded the higher of actual damages or $2,000. The individual shall also be awarded court costs and reasonable attorney's fees. Any government agency or the judicial branch that violates paragraph II shall incur a fine of $10,000 for each knowing violation, which fine shall be deposited in the general fund.
2 Effective Date. This act shall take effect July 1, 2018.
Text to be added highlighted in green.
1 New Section; Expectation of Privacy in Personal Materials. Amend RSA 644 by inserting after section 644:21 the following new section:
644:22 Expectation of Privacy in Personal Materials.
I. In this section:
(a) "Individual" means a living human being.
(b) "Government" means the federal government, the state government, and its political subdivisions, and state and municipal agencies and departments, including employees, agents, and contractors.
(c) "Person" means an individual, partnership, limited liability company, corporation, and any other organization, including for-profit and not-for-profit entities, but excluding government.
(d) "Personal materials" means physical items owned or possessed by an individual or abandoned intentionally or unintentionally, including without limitation, fingerprints, saliva, hair, household papers, and effects, in private and public places.
II. Subject to a warrant supported by probable cause pursuant to Part I, Art. 19 of the New Hampshire constitution or a judicially recognized exception to the warrant requirement in the case of governments, and a court order signed by a judge in the case of persons, each individual has an expectation of privacy and protection from intrusion by government and persons in his or her personal materials.
III. Nothing in this section shall limit the acquisition, collection, retention, or use of personal materials:
(a) By a law enforcement agency at a crime scene or through examination and analysis of such materials by forensic laboratories; or
(b) By the judicial branch or any state regulatory agency within the branch's or agency's adjudicatory or regulatory function.
IV. If federal law preempts any provision of this section, such provision shall not apply to the federal government.
V. Each knowing violation of privacy under paragraph II shall constitute a separate offense. For the first knowing violation or series of violations, a person shall be guilty of a class B misdemeanor and shall be subject to a fine of not more than $1,000. For each subsequent knowing violation, a person shall be guilty of a class B felony and shall be subject to a fine of not more than $2,000. In addition, in a civil case, for the first knowing violation or series of violations, an individual injured by a violation of this section shall be awarded the higher of actual damages or $1,000, and for each subsequent knowing violation, shall be awarded the higher of actual damages or $2,000. The individual shall also be awarded court costs and reasonable attorney's fees. Any government agency or the judicial branch that violates paragraph II shall incur a fine of $10,000 for each knowing violation, which fine shall be deposited in the general fund.
2 Effective Date. This act shall take effect July 1, 2018.