Revision: March 5, 2025, 3:31 p.m.
Sen. McGough, Dist 11
Sen. Abbas, Dist 22
March 5, 2025
2025-0755s
11/08
Floor Amendment to SB 261-FN
Amend the title of the bill by replacing it with the following:
AN ACT requiring that custodial interrogations be recorded.
Amend the bill by replacing all after the enacting clause with the following:
1 New Chapter; Recording of Custodial Interrogations. Amend RSA by inserting after chapter 594 the following new chapter:
CHAPTER 594-A
RECORDING OF CUSTODIAL INTERROGATIONS
594-A:1 Custodial Interrogations; Recording. Except as otherwise provided in RSA 594-A:2, all custodial interrogations shall be recorded electronically in their entirety. Except as provided in RSA 594-A:2, all statements made by a person during a custodial interrogation that are not electronically recorded shall be inadmissible as evidence against the person in any criminal or juvenile delinquency proceeding brought against the person.
594-A:2 Overcoming the Presumption of Inadmissibility. The presumption of inadmissibility of statements provided in 594-A:1 may be overcome, and statements not electronically recorded may be admitted into evidence in a criminal or juvenile delinquency proceeding brought against the person, if the court finds that the statements are otherwise admissible under applicable rules of evidence and law enforcement personnel provide a reasonable justification, including a summary and documentation of the surrounding facts and circumstances, explaining the lack of recording.
2 Effective Date. This act shall take effect 9 months after its passage.
2025-0755s
AMENDED ANALYSIS
This bill requires that custodial interrogations be recorded and allows certain unrecorded statements to be admitted in certain circumstances.