Bill Text: NH HB1315 | 2014 | Regular Session | Introduced
Bill Title: Relative to confidentiality of police personnel files.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-03-26 - Inexpedient to Legislate: Motion Adopted Voice Vote [HB1315 Detail]
Download: New_Hampshire-2014-HB1315-Introduced.html
HB 1315 – AS INTRODUCED
2014 SESSION
10/06
HOUSE BILL 1315
AN ACT relative to confidentiality of police personnel files.
SPONSORS: Rep. DiSilvestro, Hills 9; Rep. D. Eaton, Ches 3; Rep. O'Neil, Hills 9; Rep. R. Walsh, Hills 11
This bill provides for representation by counsel, opportunity to respond, and appeal by the police officer of the judge’s decision in the use of a police personnel file in a criminal case.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14-2479
10/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to confidentiality of police personnel files.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Police; Confidentiality of Personnel Files. Amend RSA 105:13-b to read as follows:
105:13-b Confidentiality of Personnel Files.
I. Exculpatory evidence in a police personnel file of a police officer who is serving as a witness in any criminal case shall be disclosed to the defendant. The duty to disclose exculpatory evidence that should have been disclosed prior to trial under this paragraph is an ongoing duty that extends beyond a finding of guilt.
II. [If a determination cannot be made as to whether evidence is exculpatory, an in camera review by the court shall be required.] To determine whether or not evidence is exculpatory, an in camera review by the court shall be required. The party requesting the in camera review shall give sufficient notice to the police officer whose file is being reviewed. The police officer shall be offered an opportunity to respond to the proffer of the prosecutor and may be represented by counsel.
III. No personnel file of a police officer who is serving as a witness or prosecutor in a criminal case shall be opened for the purposes of obtaining or reviewing non-exculpatory evidence in that criminal case, unless the sitting judge makes a specific ruling that probable cause exists to believe that the file contains evidence relevant to that criminal case. If the judge rules that probable cause exists, the judge shall order the police department employing the officer to deliver the file to the judge. The judge shall examine the file in camera and make a determination as to whether it contains evidence relevant to the criminal case. Only those portions of the file which the judge determines to be relevant in the case shall be released to be used as evidence in accordance with all applicable rules regarding evidence in criminal cases. The remainder of the file shall be treated as confidential and shall be returned to the police department employing the officer. Because a judge’s determination is relevant to the particular criminal case brought before the judge, no governmental agency shall establish a list of such proceedings. The decision of the judge may be appealed to a court of competent jurisdiction.
2 Effective Date. This act shall take effect 60 days after its passage.
