Bill Text: NH SB246 | 2024 | Regular Session | Introduced
Bill Title: Relative to disclosure of post-arrest photographs under the right to know law.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-01-03 - Refer to Interim Study, Motion Adopted, Voice Vote; 01/03/2024; Senate Journal 1 [SB246 Detail]
Download: New_Hampshire-2024-SB246-Introduced.html
SB 246 - AS INTRODUCED
2023 SESSION
23-0928
04/05
SENATE BILL 246
AN ACT relative to disclosure of post-arrest photographs under the right to know law.
SPONSORS: Sen. Murphy, Dist 16; Sen. Avard, Dist 12; Rep. D. McGuire, Merr. 14; Rep. Spillane, Rock. 2; Rep. Kofalt, Hills. 32
COMMITTEE: Judiciary
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ANALYSIS
This bill provides that post-arrest photographs shall not be subject to disclosure under the right to know law, and specifies exceptions to the prohibition.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0928
04/
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to disclosure of post-arrest photographs under the right to know law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Access to Governmental Records and Meetings; Exemptions. Amend RSA 91-A:5 by inserting after paragraph XIII the following new paragraph:
XIV.(a) Post-arrest photographs of arrested persons taken by a law enforcement officer shall be considered records compiled for investigatory purposes and shall not be considered governmental records subject to disclosure under RSA 91-A:1-a, III unless:
(1) The subject of the photograph is convicted of a charge arising out of the arrest that led to the taking of the photograph.
(2) The subject fails to appear before the court after having been granted bail or is suspected of committing a subsequent crime while on bail and the assistance of the public is necessary to locate the subject after routine non-public methods of location have been exhausted.
(3) The subject presents an immediate danger to the public and the release of the photograph is necessary for public safety.
(4) The subject of the photograph submits a written request to a media outlet that published the photo.
(5) The dissemination of post-arrest photographs to witnesses or to other law enforcement agencies in the performance of any valid law enforcement function.
(6) The taking or using the photographs of convicted, registered sex offenders under the provisions in RSA 651-B:5.
(7) Upon written approval by the highest ranking police officer on duty under one of the conditions specified in subparagraphs (1)-(6).
(b) A photograph released under subparagraph (a) shall be removed from public circulation by the recipient of the photograph within 14 days of the occurrence of any of the following:
(1) The court record of the individual who is the subject of the photograph has been sealed.
(2) The conviction of the individual who is the subject of the photograph has been dismissed, annulled, or pardoned pursuant to law.
(3) The individual who is the subject of the photograph was found not guilty of the crime for which they were arrested.
(4) The individual who is the subject of the photograph was ultimately not charged with the crime or the charges were dismissed.
2 Effective Date. This act shall take effect 60 days after its passage.
