New Hampshire 2024 Regular Session

New Hampshire House Bill HB1097

Introduced
11/28/23  
Refer
11/28/23  

Caption

Replacing two-party recording of conversations with one-party recording of conversations.

Impact

If enacted, HB1097 would amend criminal statutes related to the interception of communications, transforming what is currently a class B felony for unauthorized recording into a potentially lesser criminal offense depending on the circumstances. This change suggests a move towards a more permissive environment regarding personal recording practices, which may facilitate legal recordings in various contexts—such as for business communications or personal use—where previously, consent from all parties was mandatory. This could lead to changes in how individuals approach communication privacy and technology usage.

Summary

House Bill 1097 (HB1097) proposes a significant change in the legal framework governing the recording of conversations. Specifically, the bill aims to replace the existing two-party consent requirement with a one-party consent rule for interception of telecommunication and oral communications. This shift could allow a person to record conversations without the consent of all parties involved if at least one person consents to the recording. This bill is crafted to modernize and simplify the regulations surrounding communication interception, making it more flexible in light of advancements in technology.

Sentiment

The sentiment surrounding HB1097 appears to be mixed. Proponents argue that the bill’s shift to a one-party consent system would increase personal freedom and practicality in communication, aligning law with everyday behaviors and technological realities. Critics, however, express concerns over privacy implications, fearing that it could lead to abuses where individuals may record conversations without the knowledge of others involved. The debate reflects underlying tensions between privacy rights and the practicality of recording regulations in the digital age.

Contention

Notable points of contention surrounding HB1097 include the potential effects on personal privacy and the legal protections for individuals in conversation, especially in sensitive contexts. Opposition stems from fears that allowing one-party recording could undermine trust and foster a culture where individuals are unaware they might be recorded. Additionally, there are discussions on how this bill interacts with existing laws and the broader implications for state regulation of personal privacy in communication. The fiscal note attached to the bill indicates possible financial impacts on the judicial and correctional systems, suggesting further scrutiny on its long-term effects should it pass.

Companion Bills

No companion bills found.

Previously Filed As

NH HB143

Relative to wiretapping to record conversations related to domestic violence.

NH SB80

Requiring the recording of custodial interrogations and making an appropriation therefor.

NH HB360

An act legalizing cannabis for persons 21 years of age or older.

NH HB101

Relative to requiring voters declare a party affiliation prior to a state primary election.

NH HB339

Prohibiting the investment of state funds in any company participating in a boycott of Israel.

NH SB69

Relative to allowing certain nonprofits to participate as a customer-generator group hosts under net energy metering.

NH HB82

Relative to employment protection for participants in the therapeutic cannabis program.

NH HB432

Relative to participation in the education freedom accounts program.

NH HB593

Relative to the forfeiture of assets in connection with a drug offense.

NH SB108

Relative to participation of the New Hampshire public defender program in the state employee health insurance plan.

Similar Bills

No similar bills found.