Revision: Dec. 3, 2019, 10:52 a.m.
HB 1524 - AS INTRODUCED
HOUSE BILL 1524
SPONSORS: Rep. Klein-Knight, Hills. 11; Rep. McNally, Straf. 10; Rep. Bouchard, Hills. 11; Rep. Sylvia, Belk. 6
COMMITTEE: Criminal Justice and Public Safety
This bill establishes procedures relative to how law enforcement shares personal information about certain non-violent offenders.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
105:19 Law Enforcement; Information Sharing.
I. Notwithstanding crimes deemed "acts of violence" or a "threat of violence" as defined under RSA 625:9, any person or law enforcement agency, having information of an accusation or arrest about a person not yet proven guilty shall not release information to another party except as specified in paragraphs II and III. Law enforcement authorities shall implement administrative, technical, and physical safeguards to protect against unauthorized access and improper use of personally identifiable data which may cause intentional or unintentional damage to a person's reputation prior to a conviction in a court of competent jurisdiction. A record indicating to whom information has been given and the date of the dissemination of such information to an allowed law enforcement agency, pertinent government agency, or a court of proper jurisdiction outside of the initial law enforcement agency shall be kept and clearly labeled to indicate the levels of sensitivity, levels of confidence, and the identity of the submitting and requesting agency or agencies and controlling officials receiving the information.
II. The law enforcement agency or other authorized recipient of information shall disseminate the information only when there is a need for the public to know in order to prevent an imminent threat of violence or a right to know the information in the performance of a law enforcement act or court order.
III. The law enforcement agency shall disseminate the information only to law enforcement authorities who shall agree to follow procedures of the state regarding information receipt, maintenance, security, and dissemination which are consistent with state law or where state law provides greater protection of civil rights and personal privacy. This section shall not limit the dissemination of an assessment of information to a government official or other individual under circumstances where such dissemination is necessary to avoid an imminent threat of violence.
IV. Personal data may be shared on a case by case basis only with law enforcement, homeland security, or counter-terrorism agencies for detective, investigative, preventive, anti-terrorism, or intelligence activity only when the information is within the jurisdiction of the receiving agency, or may assist in preventing a crime.
I. Any person who purposely obtains, receives, uses, disseminates to an unauthorized individual, or retains any personally identifiable information on individuals in contravention of the provisions of this subdivision shall be guilty of a felony and subject to a fine of $1,000 for each such violation. Prosecutions under this section shall be the responsibility of the attorney general.
II. An aggrieved individual may bring suit for civil penalties for up to $10,000 or actual damages, whichever is greater, for a violation of this subdivision, but no action against the state shall exceed the limits to which the state has waived its sovereign immunity. The court may also award court costs and reasonable attorney's fees.