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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.
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.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
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.
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.
2 Effective Date. This act shall take effect 60 days after its passage.