HB 1670-FN - AS AMENDED BY THE HOUSE
HOUSE BILL 1670-FN
SPONSORS: Rep. Sylvia, Belk. 6; Rep. M. Smith, Straf. 6
This bill requires grand jury proceedings to be audio recorded and authorizes a party to obtain a copy of such recording under certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2020... 1071h 20-2269
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:
600:6 Recording the Proceedings.
I. 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, the court having jurisdiction over the proceedings 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, and by order of the court, a party may obtain a copy of the recording or transcript when:
(a)(1) The party can show that grounds may exist to dismiss the indictment; or
(2) The material is needed to avoid a possible injustice in another judicial proceeding; and
(b) The need for disclosure outweighs the need for secrecy; and
(c) The request for disclosure is structured to cover only the material needed.
II. 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.
HB 1670-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-1071h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
In excess of $712,600
In excess of $728,400
In excess of $745,400
[ X ] General [ ] Education [ ] Highway [ ] Other
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.
|Jan. 23, 2020||House||Hearing|
|March 4, 2020||House||Exec Session|
|March 11, 2020||House||Floor Vote|
|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|
|Committee Report: Ought to Pass with Amendment # 2020-1071h (Vote 17-1; CC)|
|March 11, 2020||Committee Report: Ought to Pass with Amendment # 2020-1071h for 03/11/2020 (Vote 17-1; CC) HC 10 P. 23|
|March 11, 2020||Removed from Consent (Rep. Burt) 03/11/2020 HJ 7 P. 2|
|March 12, 2020||Amendment # 2020-1071h: AA VV 03/12/2020 HJ 8 P. 222|
|March 12, 2020||Ought to Pass with Amendment 2020-1071h: MA VV 03/12/2020 HJ 8 P. 222|
|June 16, 2020||Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8|
|June 16, 2020||No Pending Motion; 06/16/2020 SJ 8|