HB436 (2021) Detail

Relative to eyewitness identification procedures.


HB 436  - AS INTRODUCED

 

 

2021 SESSION

21-0683

04/10

 

HOUSE BILL 436

 

AN ACT relative to eyewitness identification procedures.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Harriott-Gathright, Hills. 36; Rep. Welch, Rock. 13

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill adds remedies for noncompliance with eyewitness identification procedures.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0683

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to eyewitness identification procedures.

 

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

 

1  Eyewitness Identification; Policy Required.  Amend RSA 595-C:2 to read as follows:

595-C:2  Written Policy Required.  Each state, county, and local law enforcement agency that conducts photo lineups, live lineups, or show-ups shall adopt a written policy that sets forth the manner in which [they] such lineups shall be conducted.  Such policy shall conform to the standards and procedures established by the office of the attorney general and as contained in the [latest] version of the law enforcement manual pertaining to pretrial identification procedures current as of January 1, 2019.  Such written policy shall be kept on file and available for inspection by the attorney general.

2  New Section; Eyewitness Identification; Remedies.  Amend RSA 595-C by inserting after section 2 the following new section:

595-C:3  Remedies.   

I.  The court shall consider the failure to comply with any provision of this chapter in adjudicating a motion to suppress eyewitness identification.  

II.  The court may consider the failure to comply with any provision of this chapter as grounds for the suppression of the eyewitness identification.

III.  The failure to comply with any provision of this chapter shall be admissible in support of a claim of eyewitness misidentification, provided such evidence is otherwise admissible.

IV.  The jury shall be instructed that it may consider credible evidence of compliance or noncompliance with the provisions of this chapter which has been presented at trial to determine the reliability of eyewitness identification.

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

Links

HB436 at GenCourtMobile
HB436 Discussion

Action Dates

Date Body Type
Feb. 26, 2021 House Hearing

Bill Text Revisions

HB436 Revision: 31791 Date: Jan. 10, 2021, 1:10 p.m.

Docket


Feb. 26, 2021: Public Hearing: 02/26/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92701022260 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 48