SB493 (2018) Detail

(New Title) relative to procedures for determining and disclosing exculpatory evidence in a police officer's personnel file.


SB 493 - AS AMENDED BY THE HOUSE

 

19Apr2018... 1171h

2018 SESSION

18-3008

04/03

 

SENATE BILL 493

 

AN ACT relative to procedures for determining and disclosing exculpatory evidence in a police officer's personnel file.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Sen. Soucy, Dist 18; Sen. French, Dist 7; Sen. Bradley, Dist 3; Rep. Hopper, Hills. 2; Rep. M. McCarthy, Hills. 29; Rep. Wall, Straf. 6; Rep. Hinch, Hills. 21

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill requires a determination of whether information in a police officer's personnel file constitutes exculpatory evidence and allows a police officer who has information determined to be exculpatory evidence in his or her personnel file to have an opportunity to challenge the disciplinary finding.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Apr2018... 1171h 18-3008

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to procedures for determining and disclosing exculpatory evidence in a police officer's personnel file.

 

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

 

1  New Subdivision; Police Officers; Disclosure of Exculpatory Evidence; Termination Prohibited.  Amend RSA 105 by inserting after section 13-c the following new subdivision:

Disclosure of Exculpatory Evidence

105:13-d  Disclosure of Exculpatory Evidence.

I.  In this subdivision:

(a)  "Exculpatory evidence" means any information required to be disclosed to the defendant in a criminal case under the federal constitution or the state constitution.

(b)  "Personnel file" includes all employment records and any related internal affairs investigations.

II.  The prosecutor shall have access to the complete personnel file of any police officer who may be a witness for either party in any criminal case for the purpose of determining the existence of potentially exculpatory evidence.  If the prosecutor cannot determine whether such evidence is exculpatory, he or she shall petition the court for an in camera review of the evidence.  No prosecutor who reviews a police officer's personnel file shall disclose any information obtained as a result of the review, except as required in this paragraph or to the extent necessary to comply with the federal constitution or state constitution.  The personnel file shall remain confidential unless otherwise provided by law.

III.  When the head of a law enforcement agency determines that a police officer's personnel file may contain potentially exculpatory evidence, he or she shall notify the police officer of that determination.  The police officer shall have the opportunity to challenge the disciplinary finding or other administrative action resulting from the potentially exculpatory evidence through available contractual, administrative, and legal means.  However, the pendency of such challenge shall not prevent the disclosure of the potentially exculpatory evidence in a criminal proceeding in which an officer is a potential witness.

IV.  The duty to disclose exculpatory evidence that should have been disclosed prior to trial shall be an ongoing duty that extends beyond a finding of guilt.

105:13-e  Termination Prohibited.  No police officer shall have his or her employment terminated based solely on a determination that the officer has potentially exculpatory evidence in his or her personnel file which may need to be disclosed to a criminal defendant.  Nothing in this section shall prohibit the employing authority from terminating a police officer's employment based on conduct that is the subject of the exculpatory evidence.

2  Repeal.  RSA 105:13-b, relative to confidentiality of police personnel files, is repealed.

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

Links

SB493 at GenCourtMobile

Action Dates

Date Body Type
Jan. 30, 2018 Senate Hearing
Feb. 22, 2018 Senate Floor Vote
March 20, 2018 House Hearing
April 11, 2018 House Exec Session
House Floor Vote
April 19, 2018 House Floor Vote

Bill Text Revisions

SB493 Revision: 3506 Date: April 19, 2018, 12:15 p.m.
SB493 Revision: 2742 Date: Dec. 20, 2017, 12:47 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Judiciary; SJ 1
Jan. 30, 2018 Hearing: 01/30/2018, Room 100, SH, 09:15 am; SC 5
Feb. 22, 2018 Committee Report: Ought to Pass, 02/22/2018; Vote 5-0; CC SC 8
Feb. 22, 2018 Ought to Pass: MA, VV; OT3rdg; 02/22/2018; SJ 5
March 7, 2018 Introduced 03/07/2018 and referred to Judiciary HJ 7 P. 52
March 20, 2018 Public Hearing: 03/20/2018 11:30 AM LOB 208
April 11, 2018 Executive Session: 04/11/2018 LOB 208
Committee Report: Ought to Pass with Amendment # 2018-1171h (NT) (Vote 16-1; CC)
April 19, 2018 Committee Report: Ought to Pass with Amendment # 2018-1171h (NT) for 04/19/2018 (Vote 16-1; CC) HC 15 P. 6
April 19, 2018 Amendment # 2018-1171h: AA VV 04/19/2018 HJ 13 P. 7
April 19, 2018 Ought to Pass with Amendment 1171h: MA VV 04/19/2018 HJ 13 P. 7
May 2, 2018 Sen. Carson Moved Nonconcur with the House Amendment, MA, VV; 05/02/2018; SJ 15