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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.
Text to be added highlighted in green.
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.