HB1530 (2024) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

1 Body-Worn Cameras Required. Amend RSA 105-D:2, I to read as follows:

I. This chapter shall apply to any law enforcement agency that elects to equip its law enforcement officers with body-worn cameras. All BWCs shall be operated in a manner consistent with the provisions of this chapter. Every law enforcement agency that elects to equip its officers with BWCs shall adopt policies and procedures relating to the use of BWCs and the retention and destruction of data consistent with this chapter.

2 Body-Worn Cameras. Amend RSA 105-D:2, XII to read as follows:

XII. Except as authorized in this section, no person, including without limitation officers and their supervisors, shall edit, alter, erase, delete, duplicate, copy, subject to automated analysis or analytics of any kind, including but not limited to facial recognition technology, share, display, or otherwise distribute in any manner any BWC recordings or portions thereof. This paragraph shall not apply to the sharing of a still image captured by the BWC to help identify individuals or vehicles suspected of being involved in a crime.

3 Body-Worn Cameras. Amend RSA 105-D:2, XVI to read as follows:

XVI. Recordings made by a BWC shall be permanently destroyed by overwriting or otherwise no sooner than 30 days and no longer than 180 days from the date the images were recorded, except that such recording shall be retained by the law enforcement agency that employs the officer whose BWC made the recording, or an authorized agent thereof, for a minimum of 3 years if:

(a) The recording captures images involving any of the following:

(1) Any action by a law enforcement officer that involves the use of deadly force or deadly restraint.

(2) The discharge of a firearm, unless for the destruction of an animal .

(3) Death or serious bodily injury.

(4) An encounter about which a complaint has been filed with the police department within 30 days after the encounter.

(b) The recording is being retained by the law enforcement agency as evidence in a civil or criminal case or as part of an internal affairs investigation or as part of an employee disciplinary investigation.

4 Public Safety Enhancement Fund. Amend RSA 105-D:3, III to read as follows:

III. All local law enforcement agencies shall be eligible to apply for grants from the fund.

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

Changed Version

Text to be added highlighted in green.

1 Body-Worn Cameras Required. Amend RSA 105-D:2, I to read as follows:

I. This chapter shall apply to any law enforcement agency , department, or division that elects or is required to equip its law enforcement officers with body-worn cameras. All BWCs shall be operated in a manner consistent with the provisions of this chapter. Every law enforcement agency , department, or division that elects or is required to equip its officers with BWCs shall adopt policies and procedures relating to the use of BWCs and the retention and destruction of data consistent with this chapter. All conservation officers shall use body-worn cameras.

2 Body-Worn Cameras. Amend RSA 105-D:2, XII to read as follows:

XII. Except as authorized in this section, no person, including without limitation officers and their supervisors, shall edit, alter, erase, delete, duplicate, copy, subject to automated analysis or analytics of any kind, including but not limited to facial recognition technology, share, display, or otherwise distribute in any manner any BWC recordings or portions thereof. This paragraph shall not apply to the sharing of a still image captured by the BWC to help identify individuals or vehicles suspected of being involved in a crime. A duplicate or copy of the recording shall be provided in its entirety to counsel for the defendant or a pro se defendant pursuant to a discovery request.

3 Body-Worn Cameras. Amend RSA 105-D:2, XVI to read as follows:

XVI. Recordings made by a BWC shall be permanently destroyed by overwriting or otherwise no sooner than 30 days and no longer than 180 days from the date the images were recorded, except that such recording shall be retained by the law enforcement agency that employs the officer whose BWC made the recording, or an authorized agent thereof, for a minimum of 3 years if:

(a) The recording captures images involving any of the following:

(1) Any action by a law enforcement officer that involves the use of deadly force or deadly restraint.

(2) The discharge of a firearm, unless for the destruction of an animal . If the BWC is worn by a conservation officer then the BWC recording shall be preserved as provided in this chapter .

(3) Death or serious bodily injury.

(4) An encounter about which a complaint has been filed with the police department within 30 days after the encounter.

(b) The recording is being retained by the law enforcement agency as evidence in a civil or criminal case or as part of an internal affairs investigation or as part of an employee disciplinary investigation.

(c) Teaching or participation in any capacity in a hunter education class.

(d) Interactions with sportsmen, including but not limited to hunters, trappers, and fishermen.

4 Public Safety Enhancement Fund. Amend RSA 105-D:3, III to read as follows:

III. All local law enforcement agencies shall be eligible to apply for grants from the fund. Conservation officers shall be eligible to apply for grants from any general funds appropriated to the fund.

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