New Hampshire 2023 Regular Session

New Hampshire Senate Bill SB80

Introduced
1/18/23  
Refer
1/18/23  
Refer
3/8/23  

Caption

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

Impact

The establishment of this bill will amend existing statutes concerning custodial interrogations. It requires that such interrogations take place with full electronic recording, creating a presumption of inadmissibility for any unrecorded statements made during these sessions. Exceptions to this rule are stipulated, including circumstances where recording is not feasible due to equipment failure or if an individual expressly opts out of recording. This will likely lead to an improved evidentiary standard in criminal and juvenile delinquency proceedings, fostering more accurate courtroom scenarios and accountability among law enforcement.

Summary

Senate Bill 80 (SB80) introduces a mandate for the electronic recording of custodial interrogations conducted by law enforcement agencies in New Hampshire. The bill outlines the fund allocation for grants to state law enforcement agencies to acquire necessary equipment to comply with this requirement. The adoption of recording protocols aims to enhance transparency in law enforcement practices and protect the rights of individuals during interrogations, aligning New Hampshire with progressive standards in criminal procedure across the United States.

Sentiment

The sentiment regarding SB80 appears largely supportive within the legislative discussions, as the changes align with contemporary best practices in policing. Advocates argue that the bill promotes transparency and accountability, which can ultimately enhance community trust in law enforcement agencies. However, some concerns were raised about the potential financial implications for smaller law enforcement agencies that may struggle with the costs of new equipment and technological updates necessary to comply with the bill's requirements.

Contention

A notable contention surrounding SB80 relates to the financial implications of implementing the required electronic recording systems. While the bill includes a provision for a $50,000 appropriation to support law enforcement agencies in acquiring the necessary recording equipment, there is apprehension regarding whether this funding will sufficiently cover the costs associated with compliance for all departments. Moreover, the specificity of exceptions to the recording requirements has also sparked discussions about ensuring sufficient safeguards for individual rights while balancing public safety needs.

Companion Bills

No companion bills found.

Similar Bills

NH SB80

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

NH HB1540

Relative to recording custodial interrogations.

KY HB388

AN ACT relating to local government and declaring an emergency.

NH HB503

Relative to the rights afforded to a person accused of a crime.

OK HB3205

Fees and costs; Juvenile Code; costs of representation in certain proceedings; effective date; emergency.

NH SB261

Requiring that custodial interrogations be recorded, establishing a fund to make grants to state law enforcement agencies to purchase equipment to enable such recordings, and making an appropriation therefor.

PA SB370

In preliminary provisions, adopting the Uniform Electronic Recordation of Custodial Interrogations Act; requiring recordings of interrogations; and imposing functions on the Attorney General.

PA HB2231

In preliminary provisions, adopting the Uniform Electronic Recordation of Custodial Interrogations Act; requiring recordings of interrogations; and imposing functions on the Attorney General.