New Hampshire House Bill HB125

New Hampshire 2022 Regular Session

• Introduced: 1/4/21
• Refer: 1/4/21
• Report Pass: 3/2/21
• Engrossed: 4/13/21
• Refer: 4/13/21
• Report Pass: 5/25/21
• Refer: 12/16/21

Caption

Relative to post-arrest photo distribution by law enforcement officers.

Impact

The implications of HB125 extend to how law enforcement agencies handle and disseminate arrest-related information. It introduces a more stringent framework requiring law enforcement to manage post-arrest photos carefully, ensuring that they are not publicly available without a conviction. The bill also mandates that individuals be notified about the potential release of their photos upon arrest, reinforcing the concept of personal privacy within the justice system.

Summary

HB125 seeks to regulate the distribution of post-arrest photos by law enforcement officials in New Hampshire. The bill stipulates that such photos will be classified as investigatory records, not subject to public access under RSA 91-A, unless the individual depicted is convicted of the charges for which they were arrested. This change aims to protect the privacy of individuals who have not been convicted while still allowing for certain exceptions under specific conditions, such as when a subject fails to appear in court after being granted bail or poses an immediate danger to the public.

Contention

Discussion surrounding HB125 reflects diverging viewpoints on privacy versus public safety. Proponents of the bill argue that it safeguards the rights of suspects who have not been convicted, emphasizing the need for privacy protection against wrongful implications. However, critics may contend that the restrictions could hinder law enforcement's ability to effectively inform the public regarding individuals who pose risks, particularly if they have failed to comply with court appearances or are suspected of further criminal activity while on bail. Thus, the balance between protecting individual rights and ensuring community safety remains an area of notable debate.