Bill Text - HB471 (2021)

(New Title) relative to police disciplinary hearings and authorizing the department of justice to maintain an exculpatory evidence schedule.


Revision: Jan. 10, 2021, 1:49 p.m.

HB 471  - AS INTRODUCED

 

 

2021 SESSION

21-0627

08/04

 

HOUSE BILL 471

 

AN ACT relative to police disciplinary hearings.

 

SPONSORS: Rep. Roy, Rock. 32; Rep. M. King, Hills. 33; Rep. Stevens, Hills. 34; Rep. Potucek, Rock. 6; Rep. Spillane, Rock. 2; Rep. Bixby, Straf. 17; Rep. Welch, Rock. 13; Rep. Bordenet, Ches. 5; Rep. Moran, Hills. 34; Rep. Frost, Straf. 16; Sen. Reagan, Dist 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires police disciplinary hearings to be open to the public unless certain confidential information may be revealed.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0627

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to police disciplinary hearings.

 

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

 

1  Police Standards and Trainings; Hearings.  Amend RSA 106-L:5, III to read as follows:

III. For the purposes of a disciplinary hearing, subpoena and examine witnesses under oath, take oaths or affirmations, and reduce to writing testimony given at any hearing. Any person whose rights or privileges may be affected at such a disciplinary hearing may appear with witnesses and be represented by counsel.  Any disciplinary hearing shall be public; however, a portion of the hearing may be closed to the public only if the party seeking closure can prove with specificity that the portion of the hearing will reveal confidential information that creates a compelling interest outweighing the public’s presumed right of access.

2  Effective Date.  This act shall take effect upon its passage.