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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.
Text to be added highlighted in green.
1 Body-Worn Cameras Required. Amend RSA 105-D:2, I to read as follows:
I. All law enforcement 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 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.