SB398 (2018) Detail

Relative to information contained in certain motor vehicle records.


CHAPTER 256

SB 398 - FINAL VERSION

 

2May2018... 1746h

2018 SESSION

18-2734

03/01

 

SENATE BILL 398

 

AN ACT relative to information contained in certain motor vehicle records.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Lasky, Dist 13; Sen. Birdsell, Dist 19; Rep. Wall, Straf. 6

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill allows access to records of motor vehicle accidents by authorized legal representatives.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2May2018... 1746h 18-2734

03/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to information contained in certain motor vehicle records.

 

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

 

256:1  Release of Motor Vehicle Accident Reports.  Amend RSA 260:14, VII-a to read as follows:

VII-a.  Nothing in this section shall prohibit a law enforcement agency of a political subdivision or its employees from releasing the following reports of information, upon request of the parties identified herein, on a form prescribed by the department:

(a)  Copies of reports of motor vehicle accidents prepared by the agency, and filed with the division pursuant to RSA 264:25 and RSA 264:26, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, [or] the insurance company of any of the foregoing parties, or the authorized legal representative of any of the aforementioned.  Such agency may charge a reasonable fee therefor, to be deposited into the general fund of said political subdivision.

(b)  Copies of reports of motor vehicle accidents prepared by the agency that are not required to be reported pursuant to RSA 264:25 and RSA 264:26, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, owner of property damaged in said accident, [or] the insurance company of any of the foregoing parties, or the authorized legal representative of any of the aforementioned.  Such agency may charge a reasonable fee therefor, to be deposited into the general fund of said political subdivision.

(c)  Information obtained by the law enforcement agency that accident participants are required to exchange pursuant to RSA 264:25, to an owner, operator, or passenger of a vehicle involved in said accident, pedestrian hit by a vehicle in said accident, [or] owner of property damaged in said accident, or the authorized legal representative of any of the aforementioned.

256:2  Conduct After Accident.  Amend RSA 264:25, I to read as follows:

I.  The driver of a vehicle who knows or should have known that he or she has just been involved in any accident which resulted in death, personal injury or damages to property, shall immediately stop such vehicle at the scene of the accident and give to the driver or owner of any other vehicle involved in said accident, and to any person injured, and to the owner of any property damaged, the driver's name and address, the driver's license number, the driver's or owner's insurance provider and policy information, if applicable, the registration number of the vehicle, and the name and address of each occupant.  If by reason of injury, absence or removal from the place of the accident, or other cause, such injured person, or driver of such other vehicle, or owner of the property damaged, or any of them, is unable to understand or receive the information required in this section, such information shall be given to any uniformed police officer arriving at the scene of the accident or immediately to a police officer at the nearest police station.  Police officers receiving such information, and other employees of such officers' law enforcement agencies, shall be authorized to provide that information to such injured persons, drivers, [or] owners, or the authorized legal representative of such injured persons, drivers, or owners.  Any person driving a vehicle which is in any manner involved in an accident or any person who owns a vehicle which was illegally parked when it was involved in an accident shall within 15 days after such accident report in writing to the division the facts required hereunder together with a statement of the circumstances if any person is injured or killed, or if damage to property is in excess of $1,000, unless the accident is investigated by a police officer, in which case a report filed by such officer shall satisfy the requirements of this section; provided, however, that any person not otherwise required by this paragraph to file a report, who owns a vehicle which was involved in an accident, may file a report as provided by this paragraph.  Voluntary intoxication shall not constitute a defense in the matter of knowledge under the provisions of this section.  All reports, filed as required in this paragraph, shall be in the form prescribed by the director and shall contain information to enable the division to determine whether the requirements for the deposit of security under RSA 264:3 are inapplicable by reason of the existence of insurance or other exceptions specified in that section.  If such driver is physically or mentally incapable of making such report, the owner of the vehicle involved in such accident or the owner's representative shall, after learning of the accident, forthwith make such report.  The driver or the owner shall furnish such additional relevant information as the division shall require.  The provisions of this section shall be of general application and shall not be restricted to a way as defined in RSA 259.

256:3  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 12, 2018

Effective Date: August 11, 2018

Links


Date Body Type
Jan. 30, 2018 Senate Hearing
Feb. 22, 2018 Senate Floor Vote
April 3, 2018 House Hearing
April 17, 2018 House Exec Session
April 24, 2018 House Exec Session
House Floor Vote
May 2, 2018 House Floor Vote

Bill Text Revisions

SB398 Revision: 4175 Date: June 16, 2018, 8:52 a.m.
SB398 Revision: 3856 Date: May 11, 2018, 10 a.m.
SB398 Revision: 3650 Date: May 2, 2018, 10:28 a.m.
SB398 Revision: 2604 Date: Dec. 12, 2017, 12:47 p.m.

Docket


June 12, 2018: Signed by the Governor on 06/12/2018; Chapter 0256; Effective 08/11/2018


May 23, 2018: Enrolled (In recess 05/23/2018); SJ 18


May 23, 2018: Enrolled 05/23/2018


May 10, 2018: Sen. Gannon Moved to Concur with the House Amendment, MA, VV; 05/10/2018; SJ 17


May 2, 2018: Ought to Pass with Amendment 1746h: MA VV 05/02/2018


May 2, 2018: Amendment # 2018-1746h: AA VV 05/02/2018


: Committee Report: Ought to Pass with Amendment # 2018-1746h (Vote 15-0; CC)


May 2, 2018: Committee Report: Ought to Pass with Amendment # 2018-1746h for 05/02/2018 (Vote 15-0; CC) HC 17 P. 9


April 24, 2018: ==CONTINUED== Executive Session: 04/24/2018 01:00 PM LOB 203


April 17, 2018: ==RECESSED== Executive Session: 04/17/2018 10:00 AM LOB 203


April 3, 2018: Public Hearing: 04/03/2018 10:30 AM LOB 203


March 7, 2018: Introduced 03/07/2018 and referred to Transportation HJ 7 P. 51


Feb. 22, 2018: Ought to Pass: MA, VV; OT3rdg; 02/22/2018; SJ 5


Feb. 22, 2018: Committee Report: Ought to Pass, 02/22/2018; Vote 5-0; CC SC 8


Jan. 30, 2018: Hearing: 01/30/2018, Room 103, LOB, 02:00 pm; SC 5


Jan. 3, 2018: To Be Introduced 01/03/2018 and Referred to Transportation; SJ 1