Bill Details - HB153 (2019)

HB 153 - AS AMENDED BY THE HOUSE

 

7Mar2019... 0374h

2019 SESSION

19-0094

01/04

 

HOUSE BILL 153

 

AN ACT relative to circumstances under which police officer disciplinary records shall be public documents.

 

SPONSORS: Rep. Berch, Ches. 1; Rep. K. Murray, Rock. 24

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill makes certain records concerning law enforcement officers which have been subject to the right-to-know law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

7Mar2019... 0374h 19-0094

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to circumstances under which police officer disciplinary records shall be public documents.

 

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

 

1  New Section; Certain Disciplinary Records Subject to Right-to-Know Law.  Amend RSA 106-L by inserting after section 5 the following new section:

106-L:5-a  Certain Records Subject to Right-to-Know Law.

I.  In this section, "disciplinary records" mean complaints, charges or accusations of misconduct, replies to those complaints, charges, or accusations, and any other information or materials that have resulted in final disciplinary action.

II.(a)  Upon completion of an investigation, any record which includes a finding that a law enforcement officer subject to this chapter discharged a firearm which led to death or serious injury shall be a public record under RSA 91-A.

(b)  Any disciplinary record in which there has been a final adjudication of a matter involving a law enforcement officer subject to this chapter who was found guilty of sexual assault as defined in RSA 632-A, or in which there was a sustained finding of dishonesty by a law enforcement officer including perjury, false statements, filing false reports destruction, or falsifying or concealing evidence, shall be a public record under RSA 91-A.

III.  Nothing in this section shall limit the ability of a public agency or public body, as defined in RSA 91-A:1-a, to withhold the names, addresses, dates of birth, and other personal information of victims or other private persons where disclosure of such information would constitute an invasion of privacy under RSA 91-A:5, IV.  

2  Effective Date.  This act shall take effect January 1, 2020.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Judiciary HJ 2 P. 39
Jan. 23, 2019 Public Hearing: 01/23/2019 10:00 am LOB 208
Feb. 6, 2019 Full Committee Work Session: 02/06/2019 10:00 am LOB 208
Feb. 12, 2019 Executive Session: 02/12/2019 10:00 am LOB 208
Committee Report: Ought to Pass with Amendment # 2019-0374h (Vote 16-3; RC)
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0374h for 02/27/2019 (Vote 16-3; RC) HC 13 P. 31
Special Order to 03/07/2019 Without Objection HJ 7 P. 62
March 7, 2019 Amendment # 2019-0374h: AA VV 03/07/2019 HJ 8 P. 45
March 7, 2019 Ought to Pass with Amendment 2019-0374h: MA VV 03/07/2019 HJ 8 P. 45
March 14, 2019 Introduced 03/14/2019 and Referred to Judiciary; SJ 9
April 11, 2019 Hearing: 04/11/2019, Room 103, SH, 01:20 pm; the committee will meet at 1:00 p.m. or 30 minutes following the end of session; SC 17A
May 23, 2019 Committee Report: Rereferred to Committee, 05/23/2019; Vote 5-0; CC; SC 23
May 23, 2019 Rereferred to Committee, MA, VV; 05/23/2019; SJ 17

Action Dates

Date Body Type
Jan. 23, 2019 House Hearing
Feb. 12, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote
March 7, 2019 House Floor Vote
April 11, 2019 Senate Hearing

Bill Text Revisions

HB153 Revision: 4350 Date: Dec. 27, 2018, 9:03 a.m.
HB153 Revision: 5476 Date: March 7, 2019, 4:01 p.m.