Text to be removed highlighted in red.
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 ?Electronic Recording of Interrogations. ? ?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 that were 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 January 1, 2027.
Text to be added highlighted in green.
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 ?Electronic Recording of Interrogations. ? ?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 that were 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 January 1, 2027.