HB 146-FN - AS INTRODUCED
2025 SESSION
25-0340
09/11
HOUSE BILL 146-FN
AN ACT relative to the use of body-worn cameras.
SPONSORS: Rep. Flanagan, Hills. 45
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires an arresting agency to preserve and disclose upon request body-worn camera recordings related to certain motor vehicle stops.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0340
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the use of body-worn cameras.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Use of Body-Worn Cameras. Amend RSA 105-D:2, XVII to read as follows:
XVII. Notwithstanding the provisions of paragraph XVI:
(a) If there is any other legal requirement for retaining the recording, including but not limited to litigation, a pending criminal case, or a valid court or administrative order, then the recording shall be retained only as long as is legally required; [and]
(b) The chief law enforcement officer of the agency may designate the recording as a training tool, provided that a person's image and vehicle license plate numbers shall first be permanently deleted, distorted, or obscured, or the person has been given an opportunity in writing to decline to have his or her image and/or vehicle license plate number to be so used. A recording so designated and prepared may be viewed solely by officers for training purposes only; and
(c) If a person pleads not guilty to a violation-level offense alleging a violation of any law in RSA 265 following a motor vehicle stop, the law enforcement agency involved in the motor vehicle stop shall preserve any body-worn camera recordings relating to the motor vehicle stop until the case concludes, including any appeal. Notwithstanding any other provision of this section, the law enforcement agency shall provide the defendant with the camera recording within 5 days of a request by the defendant. Failure by the law enforcement agency to preserve or disclose the recording as required by this subparagraph shall result in the violation being dismissed with prejudice.
2 Effective Date. This act shall take effect 90 days after its passage.
25-0340
12/11/24
HB 146-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of body-worn cameras.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Under $10,000 Per Year | ||||
Funding Source(s) | General Fund and Highway Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable | ||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | ||||
METHODOLOGY:
This bill relates to criteria in which an arresting agency shall preserve and disclose upon request body-worn camera recordings related to certain motor vehicle stops. The Department of Safety states any costs to the state to comply with the requirements of this bill would be less than $10,000 per year. The impact, if any, on county and local law enforcement agencies to comply with this bill is indeterminable and presumably would vary from agency to agency.
AGENCIES CONTACTED:
Department of Safety
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2025 | House | Hearing |
| Feb. 7, 2025 | House | Hearing |
Feb. 4, 2025: ==CONTINUED== Public Hearing: 02/07/2025 09:30 am LOB 202-204
Jan. 22, 2025: ==RECESSED== Public Hearing: 01/31/2025 12:00 pm LOB 202-204
Jan. 6, 2025: Introduced 01/08/2025 and referred to Criminal Justice and Public Safety HJ 2 P. 7