HB1820 (2018) Detail

Relative to requiring the use of body cameras by law enforcement officers.


HB 1820-FN - AS INTRODUCED

 

 

2018 SESSION

18-2668

08/04

 

HOUSE BILL 1820-FN

 

AN ACT relative to requiring the use of body cameras by law enforcement officers.

 

SPONSORS: Rep. Hynes, Hills. 21

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires the use of body cameras by law enforcement officers.

 

This bill also raises the percentage for a penalty assessment.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2668

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to requiring the use of body cameras by law enforcement officers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Body-Worn Cameras Required.  Amend RSA 105-D:2, I to read as follows:

I.  [This chapter shall apply to any] All law enforcement [agency that elects to] agencies shall equip its law enforcement officers with body-worn cameras.  All BWCs shall be operated in a manner consistent with the provisions of this chapter.  Every law enforcement agency that elects to equip its officers with BWCs shall adopt policies and procedures relating to the use of BWCs and the retention and destruction of data consistent with this chapter.  Funding for BWCs shall be provided by the state.  The governor is authorized to draw a warrant for the sum necessary to fund BWCs out of any money in the treasury not otherwise appropriated.

2  Body-Worn Cameras.  Amend RSA 105-D:2, XVIII to read as follows:

XVIII.  Any recording undertaken in violation of this chapter or any other applicable law shall be immediately destroyed and, whether destroyed or not, shall not be admissible as evidence in any criminal or civil legal or administrative proceeding, except in a proceeding against an officer for violating the provisions of this chapter or in a criminal proceeding where the evidence is exculpatory.  In a proceeding against an officer for violating the provisions of this chapter, the recording shall be destroyed at the conclusion of the proceeding and all appeals.  In a criminal proceeding where the evidence is exculpatory, the recording shall be destroyed at the conclusion of the proceeding and all related appeals, or upon a court order.  

3  Penalty Assessment.  Amend RSA 106-L:10, I to read as follows:

I.  Every court shall levy a penalty assessment of $2 or [24] 28 percent, whichever is greater, on each fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.  Notwithstanding any law or rule to the contrary, the penalty assessment shall be levied in addition to the amount of the fine or penalty imposed by the court.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

18-2668

Revised 1/8/18

 

HB 1820-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to requiring the use of body cameras by law enforcement officers.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

Amount Needed to Fund Program

Amount Needed to Fund Program

Amount Needed to Fund Program

Amount Needed to Fund Program

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Victims' Assistance Fund and Judicial Branch IT Fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

The Department of Justice was contacted on November 27, 2017, and the Police Standards and Training Council was contacted on December 13, 2017, for a fiscal note worksheet, which they have not provided as of January 8, 2018.

 

METHODOLOGY:

This bill requires all law enforcement agencies to equip law enforcement officers with body-worn cameras, which will be funded by the State, as well as increases the penalty assessment levied on criminal, motor vehicle, and municipal ordinance fines from 24% to 28%.  Each of these changes will be discussed in turn.

 

Body-Worn Cameras

This bill amends RSA 105-D to require the use of body-worn cameras by law enforcement officers with the funding to do so being provided by the State General Fund.  Under this RSA105-D, law enforcement agency is defined as “a state, county, municipality, special district, security service or police of the community college system of New Hampshire and the university system of New Hampshire, security service of the legislative or judicial branch, unit of local government police department or any other entity authorized by law to employ law enforcement officers or exercise police authority.”  

 

Based on information provided from various agencies subject to this bill, compliance would include, but not be limited to, costs related to purchases of camera systems, software licenses, and data storage, as well as additional personnel costs as larger law enforcement agencies may need administrators to manage video content and respond to right-to-know requests.  Below is a summary of estimated costs, provided by each respective agency, relative to outfitting officers with body-worn cameras.  It should be noted costs appropriately vary as agencies have used different assumptions and estimation methods for their calculations.

 

 

# of Outfitted Individuals

Total
One-Time Costs

Total Annual Recurring Costs
(First Year Provided Below)

Non-Personnel Costs

Personnel Costs

Legislative Branch

13

$6,500

$3,120

$0

Judicial Branch

110

$40,000

$0

$0

Department of Safety

360

$100,000

$613,440

$218,332

Fish and Game Department

50

$0

$35,028

$0

Department of Corrections

605

$406,494

$538,776

$94,000

Department of Cultural and Natural Resources

11

$3,850

$22,700

$0

Liquor Commission

25

$18,750

$30,000

$0

University System of NH

60

$45,720

$47,880

$90,000

Community College System of NH

Awaiting Additional Information*

County Law Enforcement Agencies

Indeterminable

Local Law Enforcement Agencies

Indeterminable

*While it appears RSA 105-D applies to the Community College System of New Hampshire (CCSNH), upon initial review of this bill CCSNH assumed its campus safety/campus security would not be required to wear body cameras as they do not have law enforcement authority.  CCSNH intends to seek clarification to its requirements under RSA 105-D, however will provide cost estimates for fiscal note purposes.

 

This bill provides authorization for the governor to draw a warrant of sums not otherwise appropriated (general funds) for the purpose of funding body-worn cameras.  It is unclear which state agency will be responsible for administering the disbursement of funds or whether all expenditures for this program will be paid directly by the State or rather to each respective agency as reimbursement for expenditures they make.  Ultimately, it appears this bill will result in a General Fund expenditure increase in excess of the additional revenue generated by the penalty assessment increase detailed below.  

 

Penalty Assessment

Under current law, a penalty assessment equal to 24% of fine amounts is assessed and collected with the revenue generated split between the State General Fund (66.66%), the victims’ assistance fund administered by the Department of Justice (16.67%), and the Judicial Branch information technology fund (16.67%).  While this bill does not impact allocations between the aforementioned funds, it would generate additional revenue for each.  Based on FY 2017 collection data, this bill would generate additional revenue as follows:

 

 

Based on FY 2017 Revenue Collections

Penalty Assessment @ 24%

Penalty Assessment @ 28%

Difference

General Fund (66.66%)

$2,890,608

$3,345,249

$454,641

Victims' Assistance Fund (16.67%)

$705,428

$836,563

$131,135

Judicial Branch IT Fund (16.67%)

$705,428

$836,563

$131,135

Total Penalty Assessment

$4,301,464

$5,018,375

$716,911

 

The Department of Safety anticipates an increase to the total fine amount assessed would potentially increase not-guilty pleas.

 

AGENCIES CONTACTED:

Department of Safety, Judicial Branch, Fish and Game Department, Department of Justice, Department of Natural and Cultural Resources, Liquor Commission, Department of Corrections, Police Standards and Training Council, Legislative Branch, Community College System of New Hampshire, University System of New Hampshire, New Hampshire Municipal Association, and New Hampshire Association of Counties

 

Links

HB1820 at GenCourtMobile

Action Dates

Date Body Type
Jan. 10, 2018 House Hearing
Jan. 18, 2018 House Exec Session
House Floor Vote
Feb. 7, 2018 House Floor Vote

Bill Text Revisions

HB1820 Revision: 2493 Date: Jan. 8, 2018, 2:36 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 25
Jan. 10, 2018 Public Hearing: 01/10/2018 01:20 PM LOB 204
Jan. 18, 2018 Executive Session: 01/18/2018 LOB 204
Committee Report: Inexpedient to Legislate (Vote 19-1; CC)
Feb. 7, 2018 Committee Report: Inexpedient to Legislate for 02/07/2018 (Vote 19-1; CC) HC 5 P. 7
Feb. 8, 2018 Inexpedient to Legislate: MA VV 02/08/2018 HJ 3 P. 4