Text to be removed highlighted in red.
1 New Section; Use of Body-Worn Camera Recordings in Criminal, Juvenile Delinquency, and Administrative Proceedings. Amend RSA 105-D by inserting after section 3 the following new section:
105-D:4 Use of Body-Worn Camera Recordings in Criminal, Juvenile Delinquency, and Administrative Proceedings.
I. Notwithstanding the provisions of RSA 105-D:2, all data, images, and video captured, recorded, or otherwise produced by body-worn camera equipment may be copied by a law enforcement agency or prosecutor to provide discovery in criminal, juvenile delinquency, or administrative proceedings subject to the following limitations:
(a) The parties in a criminal, juvenile delinquency, or administrative proceeding may utilize BWC recordings to create exhibits for use in said hearings subject to the relevant rules of evidence and rulings by the court.
(b) No party shall further copy or distribute BWC recordings without a court order, except for the sole purpose of having an expert or other professional consultant provide analysis for the purposes of evaluating or preparing for the case. Any such expert or professional consultant is bound by the limitations of this section.
(c) BWC recordings shall only be accessed for case-related purposes.
(d) The parties and any expert or professional consultant shall destroy all copies of BWC recordings created pursuant to this section in their possession upon the close of the case.
(e) For cases that are resolved through trial or adjudication, the law enforcement agency that created the BWC recordings shall maintain the original BWC recording until the defendant or juvenile has completed all the terms and conditions of the sentence or disposition. The parties shall be allowed to access the original BWC recordings for purposes of evaluating, initiating, or litigating post- conviction remedies.
(f) As used in this section, the term "close of the case" means the expiration of the appeal period following the final conclusion of the case in the trial court. A case shall not be considered closed during an appeal or during post-conviction litigation.
II. Any person who knowingly violates the provisions of this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect upon its passage.
Text to be added highlighted in green.
1 New Section; Use of Body-Worn Camera Recordings in Criminal, Juvenile Delinquency, and Administrative Proceedings. Amend RSA 105-D by inserting after section 3 the following new section:
105-D:4 Use of Body-Worn Camera Recordings in Criminal, Juvenile Delinquency, and Administrative Proceedings.
I. Notwithstanding the provisions of RSA 105-D:2, all data, images, and video captured, recorded, or otherwise produced by body-worn camera equipment may be copied by a law enforcement agency or prosecutor to provide discovery in criminal, juvenile delinquency, or administrative proceedings subject to the following limitations:
(a) The parties in a criminal, juvenile delinquency, or administrative proceeding may utilize BWC recordings to create exhibits for use in said hearings subject to the relevant rules of evidence and rulings by the court.
(b) No party shall further copy or distribute BWC recordings without a court order, except for the sole purpose of having an expert or other professional consultant provide analysis for the purposes of evaluating or preparing for the case. Any such expert or professional consultant is bound by the limitations of this section.
(c) BWC recordings shall only be accessed for case-related purposes.
(d) The parties and any expert or professional consultant shall destroy all copies of BWC recordings created pursuant to this section in their possession upon the close of the case.
(e) For cases that are resolved through trial or adjudication, the law enforcement agency that created the BWC recordings shall maintain the original BWC recording until the defendant or juvenile has completed all the terms and conditions of the sentence or disposition. The parties shall be allowed to access the original BWC recordings for purposes of evaluating, initiating, or litigating post- conviction remedies.
(f) As used in this section, the term "close of the case" means the expiration of the appeal period following the final conclusion of the case in the trial court. A case shall not be considered closed during an appeal or during post-conviction litigation.
II. Any person who knowingly violates the provisions of this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect upon its passage.