HB 1225 - AS INTRODUCED
2022 SESSION
22-2370
12/11
HOUSE BILL 1225
AN ACT prohibiting surveillance by the state on public ways or sidewalks.
SPONSORS: Rep. Erf, Hills. 2; Rep. Warden, Hills. 15; Rep. Ankarberg, Straf. 10
COMMITTEE: Judiciary
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ANALYSIS
This bill prohibits the use of surveillance to determine the location of a motor vehicle or the identity or location of a pedestrian.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2370
12/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT prohibiting surveillance by the state on public ways or sidewalks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Highway Surveillance Prohibited. Amend RSA 236:130, I-II to read as follows:
I. In this subdivision, "surveillance" means [the act of determining the ownership of a motor vehicle or the identity of a motor vehicle's occupants on the public ways of the state or its political subdivisions through] the use of a camera or other imaging device or any other device, including but not limited to a transponder, cellular telephone, global positioning satellite, or radio frequency identification device, that by itself or in conjunction with other devices or information can be used to determine the ownership or location of a motor vehicle, [or] the identity of a motor vehicle' s occupants, or the identity or location of a pedestrian.
II. In order to protect the personal privacy of residents and visitors to the state, neither the state of New Hampshire nor its political subdivisions shall engage in surveillance on any public ways, as defined in RSA 259:125, or sidewalks, as defined in RSA 259:100, of the state or its political subdivisions. The provisions of this section shall not apply to independent contractors.
2 New Paragraph; Highway Surveillance Prohibited.. Amend RSA 236:130 by inserting after paragraph V the following new paragraph:
VI. Any person who suffers injury as a result of a violation of this section shall be entitled to damages from the person who committed the violation of not less than $1,000 for each such violation, and an award of costs and reasonable attorney fees.
3 Highway Surveillance Prohibited. Amend RSA 236:130, III(b) to read as follows:
(b) Is undertaken on a case-by-case basis in the investigation of a particular incident, violation, misdemeanor, or felony;
4 New Subparagraphs; Highway Surveillance Prohibited. Amend RSA 236:130, III by inserting after subparagraph (g) the following new subparagraphs:
(h) Is undertaken for security and to facilitate law enforcement in the investigation of criminal activity at properties under the jurisdiction of the department of natural and cultural resources, provided that no video recording shall be stored longer than 24 days except if needed in a judicial or administrative proceeding in a particular case. The properties on which surveillance occurs shall display signage indicating the presence of 24-hour video cameras.
(i) Is undertaken using a body-worn camera pursuant to RSA 105-D.
5 Effective Date. This act shall take effect upon its passage.
Nov. 18, 2021: To Be Introduced 01/05/2022 and referred to Judiciary