Bill Text: NH HB1592 | 2022 | Regular Session | Amended
Bill Title: Allowing parties in family court cases to create their own recordings of the proceedings.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2022-04-14 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; 04/14/2022; Senate Journal 8 [HB1592 Detail]
Download: New_Hampshire-2022-HB1592-Amended.html
HB 1592-FN - AS AMENDED BY THE HOUSE
15Mar2022... 0474h
2022 SESSION
22-2320
07/04
HOUSE BILL 1592-FN
AN ACT allowing parties in family court cases to create their own recordings of the proceedings.
SPONSORS: Rep. Gay, Rock. 8; Rep. Hough, Belk. 3; Rep. Stapleton, Sull. 5; Rep. Bernardy, Rock. 16; Rep. Greeson, Graf. 16; Rep. Langley, Hills. 8; Rep. Kofalt, Hills. 4; Rep. Rung, Hills. 21; Rep. Weyler, Rock. 13; Rep. Post, Hills. 4
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill permits parties in family court to create their own recordings of the proceedings under certain conditions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Mar2022... 0474h 22-2320
07/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT allowing parties in family court cases to create their own recordings of the proceedings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Recordings of Proceedings. Amend RSA 490-D by inserting after section 490-D:15 the following new section:
490-D:16 Recordings of Proceedings. Each party to a proceeding in the family division of the circuit court shall have the right to make an audio recording of the proceeding provided that:
I. The recording device used by the party does not interfere with the proceeding;
II. The party notifies the court and the other parties present in advance of the proceeding that a recording will be made; and
III. The recording is limited to the proceeding in which the party is participating.
2 Effective Date. This act shall take effect January 1, 2023.
22-2320
Redraft 12/14/21
HB 1592-FN- FISCAL NOTE
AS INTRODUCED
AN ACT allowing parties in family court cases to create their own recordings of the proceedings.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill permits parties in family court to create their own recordings of the proceedings and submit the copies to the appellate court.
The Judicial Branch indicates in 2019 there were 195 cases appealed to the Supreme Court and 184 cases appealed in 2020. Current rules and orders provide that the official record is the transcript certified by the transcriber authorized by the Supreme Court to be a true and accurate transcript of the recording. Current rules also allow the parties to enter an agreed statement of facts that can reduce or eliminate the need for transcripts. The bill includes no standards regarding the quality of the recording or transcript, which could result in poor quality recordings or non-professionally created transcripts to be submitted as the record on appeal. This could result in disputes regarding the content of the record and additional time spent by the Court to understand the entire record that is presented by the parties. Understanding the record from a recording of a multi-day hearing can take the judges and clerks significantly more time than from an accurate transcription of that same hearing. The Judicial Branch is unable to determine how many party-created recordings or transcripts would be submitted with the record nor can the Branch determine the fiscal impact, if any, that would result from the submission of those party-created recordings or transcripts.
AGENCIES CONTACTED:
Judicial Branch
