HB1670 (2020) Detail

Relative to recording grand jury testimony.


HB 1670-FN - AS INTRODUCED

 

 

2020 SESSION

20-2269

04/03

 

HOUSE BILL 1670-FN

 

AN ACT relative to recording grand jury testimony.

 

SPONSORS: Rep. Sylvia, Belk. 6; Rep. M. Smith, Straf. 6

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill requires grand jury proceedings to be audio recorded and authorizes a defendant to obtain a copy of such recording.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2269

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to recording grand jury testimony.

 

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

 

1  New Section; Grand Juries; Recording Testimony Given to Grand Juries.  Amend RSA 600 by inserting after section 5 the following new section:

600:6  Recording the Proceedings.  Except while the grand jury is deliberating or voting, all grand jury proceedings shall be audio recorded by a suitable recording device.  The unintentional failure to make a recording shall not affect the validity of a prosecution or indictment.  Unless the court orders otherwise, an attorney for the government shall retain control of the recording, the reporter's notes, and any transcript prepared from those notes.  Upon application to the court made no later than 30 days before trial, or later for good cause shown, a defendant, upon a showing of specific need, may obtain a copy of the recording.  Nothing in this section shall alter the provisions of rule 8 of the New Hampshire rules of criminal procedure or New Hampshire supreme court rule 52.

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

 

LBAO

20-2269

Revised 12/31/19

 

HB 1670-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to recording grand jury testimony.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

 In excess of $712,602

In excess of $728,486

In excess of $745,470

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill requires that all grand jury proceedings be audio recorded.  All grand jury proceedings take place in the superior court.  There are eleven superior court locations in the State, one in each county and two in Hillsborough County.  The Judicial Branch indicates the superior court would need an additional court monitor for each court and provided the following cost information:

 

FY 2021  Court Monitor Cost:  $64,782  X 11 Superior Courts =  $712,602

FY 2022  Court Monitor Cost:  $66,226  X 11 Superior Courts =  $728,486

FY 2023  Court Monitor Cost:  $67,770  X 11 Superior Courts =  $745,470

 

In addition, the Branch states there would be a substantial cost to transcribe the recordings, which is the responsibility of the party requesting the transcript.

 

It is assumed any fiscal impact of this bill will not occur until FY 2021.

 

AGENCIES CONTACTED:

Judicial Branch

 

Links

HB1670 at GenCourtMobile
HB1670 Discussion

Action Dates

Date Body Type
Jan. 23, 2020 House Hearing
March 4, 2020 House Exec Session

Bill Text Revisions

HB1670 Revision: 7316 Date: Jan. 6, 2020, 11:19 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 31
Jan. 23, 2020 Public Hearing: 01/23/2020 01:00 pm LOB 208
March 4, 2020 Executive Session: 03/04/2020 10:00 am LOB 208