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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
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2 Effective Date. This act shall take effect 90 days after its passage.
Text to be added highlighted in green.
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;
(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.