Bill Text: NH HB1329 | 2018 | Regular Session | Enrolled


Bill Title: Relative to eyewitness identification procedures.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2018-07-10 - Signed by Governor Sununu 07/02/2018; Chapter 347; Eff. 01/01/2019 [HB1329 Detail]

Download: New_Hampshire-2018-HB1329-Enrolled.html

HB 1329 - VERSION ADOPTED BY BOTH BODIES

 

22Feb2018... 0293h

2018 SESSION

18-2029

08/04

 

HOUSE BILL 1329

 

AN ACT relative to eyewitness identification procedures.

 

SPONSORS: Rep. O'Leary, Hills. 13; Rep. Cushing, Rock. 21; Rep. Fields, Belk. 4

 

COMMITTEE: Criminal Justice and Public Safety

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill requires certain law enforcement agencies to adopt a written policy regarding eyewitness identification procedures.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2018... 0293h 18-2029

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to eyewitness identification procedures.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Eyewitness Identification Policy.  Amend RSA by inserting after chapter 595-B the following new chapter:

CHAPTER 595-C

EYEWITNESS IDENTIFICATION POLICY

595-C:1  Definitions.  In this section:

I.  "Live line-up" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

II.  "Photo line-up" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.

III.  "Show-up" means an identification procedure in which an eyewitness is presented with a single suspect for the purpose of determining whether the eyewitness identifies this individual as the perpetrator.

595-C:2  Written Policy Required.  Each state, county, and local law enforcement agency that conducts photo line-ups, live line-ups, or show-ups shall adopt a written policy that set forth the manner in which they shall be conducted.  Such policy shall conform to the standards and procedures established by the office of the attorney general and as contained in the latest version of the law enforcement manual pertaining to pretrial identification procedures.  Such written policy shall be kept on file and available for inspection by the attorney general.

2  Effective Date.  This act shall take effect January 1, 2019.

feedback