Revision: Jan. 6, 2020, 11:19 a.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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| 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 | |||
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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