HB 1266-FN - AS INTRODUCED
2024 SESSION
24-2032
09/05
HOUSE BILL 1266-FN
AN ACT relative to permitting recordings of open family court proceedings by parties.
SPONSORS: Rep. Kuttab, Rock. 17; Rep. M. Pearson, Rock. 34; Rep. Ball, Rock. 25; Rep. Yokela, Rock. 32; Rep. Read, Rock. 10; Rep. K. Perez, Rock. 16; Rep. DeSimone, Rock. 18
COMMITTEE: Children and Family Law
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ANALYSIS
This bill authorizes parties to make their own audio and/or visual recording of proceedings in the family division of the circuit court under certain circumstances.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2032
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to permitting recordings of open family court proceedings by parties.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Judicial Branch Family Division; Recording of Proceedings. Amend RSA 490-D by inserting after section 490-D:15 the following new section:
490-D:16 Recording of Proceedings.
I. Each party to a proceeding that is open to the public in the family division of the circuit court shall have the right to make an audio and/or visual recording of the proceeding provided that:
(a) The recording device used by the party does not interfere with the proceeding;
(b) The party can only record if the proceeding is open to the public and not a confidential proceeding;
(c) The recording is limited to the proceeding in which the party is participating; and
(d) Electronic recording or transmission of private communication of others including bench and side-bar conferences, conferences between counsel, and conferences between counsel and client are prohibited.
II. Nothing in this section shall prohibit a party or non-party who is otherwise authorized by law or court order to record proceedings from doing so.
2 Effective Date. This act shall take effect January 1, 2025.
24-2032
11/14/23
HB 1266-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to permitting recordings of open family court proceedings by parties.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill authorizes parties to make their own audio and/or visual recording of proceedings in the
family division of the circuit court under certain circumstances. The Judicial Branch states it is not possible to estimate how this change in law would affect the number and complexity of legal filings. The courts have existing policies regarding recording in courtroom which are not too restrictive that can be found at the following links:
www.courts.nh.gov/media/guidelines-use-cameras-and-audio-equipment
www.courts.nh.gov/rules-circuit-court-state-new-hampshire-family-division#page-id-7611
It is assumed that requests pursuant to this law would be considered under the existing processes. To the extent this law change would be in conflict with existing rules, it possible there would be additional litigation. The Branch indicates that it is also possible there would be no increase in costs.
AGENCIES CONTACTED:
Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2024 | House | Hearing |
| Feb. 6, 2024 | House | Exec Session |
| Feb. 6, 2024 | House | Floor Vote |
| March 28, 2024 | Senate | Hearing |
April 26, 2024: Refer to Interim Study, MA, VV; 05/02/2024; SJ 11
April 24, 2024: Committee Report: Referred to Interim Study, 05/02/2024; Vote 5-0; CC; SC 17
March 20, 2024: Hearing: 03/28/2024, Room 100, SH, 01:30 pm; SC 12
March 13, 2024: Introduced 03/07/2024 and Referred to Judiciary; SJ 7
March 7, 2024: Reconsider HB1266 (Rep. Sweeney): MF DV 173-192 03/07/2024 HJ 7 P. 64
March 7, 2024: Ought to Pass: MA RC 191-173 03/07/2024 HJ 7 P. 32
Feb. 9, 2024: Committee Report: Ought to Pass 02/06/2024 (Vote 8-6; RC) HC 9 P. 17
Jan. 24, 2024: Executive Session: 02/06/2024 10:35 am LOB 206-208
Jan. 5, 2024: Public Hearing: 01/16/2024 01:00 pm LOB 206-208
Dec. 6, 2023: Introduced 01/03/2024 and referred to Children and Family Law HJ 1 P. 13