Bill Text - SB493 (2018)

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


Revision: Dec. 20, 2017, 12:47 p.m.

SB 493  - AS INTRODUCED

 

 

2018 SESSION

18-3008

04/03

 

SENATE BILL 493

 

AN ACT establishing a committee to study the codification of the exculpatory evidence schedule and related law enforcement protocols.

 

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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ANALYSIS

 

This bill establishes a committee to study whether or not to codify in statute the exculpatory evidence schedule (EES), formerly known as the "Laurie list," and the related law enforcement protocols established by the attorney general in a law enforcement memorandum dated March 21, 2017, in light of the evolution of the law since the New Hampshire supreme court decision in State v. Laurie, 139 N.H. 325 (1995).

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-3008

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing a committee to study the codification of the exculpatory evidence schedule and related law enforcement protocols.

 

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

 

1  Committee Established.  There is established a committee to study the codification of the exculpatory evidence schedule and related law enforcement protocols.

2  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  One member of the senate, appointed by the president of the senate.

(b)  Two members of the house of representatives, one of whom shall be from the judiciary committee and one of whom shall be from the criminal justice and public safety committee, appointed by the speaker of the house of representatives.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3  Duties.  The committee shall study the whether or not to codify in statute the exculpatory evidence schedule (EES), formerly known as the "Laurie list," and the related law enforcement protocols established by the attorney general in a law enforcement memorandum dated March 21, 2017, in light of the evolution of the law since the New Hampshire supreme court decision in State v. Laurie, 139 N.H. 325 (1995).  The committee shall also study the provisions of RSA 105:13-b regarding the confidentiality of police personnel files to determine if the statute should be amended to incorporate, in whole or in part, the EES and the related law enforcement protocols.

4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the senate member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Two members of the committee shall constitute a quorum.

5  Report.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2018.

6  Effective Date.  This act shall take effect upon its passage.