New Hampshire SB 261: 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.

Bill Text

SB 261-FN - AS INTRODUCED

2025 SESSION

 25-1019

 11/09

SENATE BILL 261-FN

AN ACT 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.

SPONSORS: Sen. McGough, Dist 11; Sen. Murphy, Dist 16; Sen. Gannon, Dist 23; Rep. Lynn, Rock. 17; Rep. Osborne, Rock. 2; Rep. Scherr, Rock. 26

COMMITTEE: Judiciary

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ANALYSIS

 This bill requires that custodial interrogations be recorded, establishes a fund to make grants to state law enforcement agencies to purchase equipment to enable such recordings, and appropriates $50,000 therefor.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 25-1019

 11/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT 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.

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

 1 Short Title. This act may be known and cited as the uniform electronic recordation of custodial interrogations act.

 2 New Chapter; Recording of Custodial Interrogations. Amend RSA by inserting after chapter 594 the following new chapter:

CHAPTER 594-A

RECORDING OF CUSTODIAL INTERROGATIONS

 594-A:1 Definitions. In this chapter: 

 I. "Custodial interrogation" shall have the same meaning as established in case law by the New Hampshire supreme court.

 II. "Electronic recording" means an audio recording or audio and video recording that accurately records a custodial interrogation. "Record electronically" and "recorded electronically" shall have the same meaning.

 III. “Law enforcement agency” means any entity or part of an entity that employs a law enforcement officer. 

 IV. “Law enforcement officer” means any officer of the state or political subdivision of the state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter.

 V. "Person" means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, or government; political subdivision, agency, or instrumentality; or any other legal or commercial entity.

 VI. "Place of detention" means a fixed location under the control of a law enforcement agency where individuals are questioned about alleged crimes or status offenses. The term includes a jail, police or sheriff's station, holding cell, or correctional or detention facility. 

 VII. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

 VIII. "Statement" means a communication whether oral, written, or electronic.

 594-A:2 Electronic Recording Equipment. 

 I. Except as otherwise provided in RSA 594-A:4, a custodial interrogation at a place of detention, including the giving of any required warning, advice regarding the rights of the individual being questioned, and the waiver of any rights by the individual, shall be recorded electronically in its entirety. A custodial interrogation at a jail, police or sheriff's station, holding cell, or correctional or detention facility shall be also recorded. A custodial interrogation at any other place of detention shall be recorded by audio means at minimum. 

 II. This section shall not apply to an administrative disciplinary hearing in a state correctional facility or to a parole violator not charged with a new offense. 

 594-A:3 Exceptions.

 I. If a custodial interrogation occurs in another state in compliance with that state's law or is conducted by a federal law enforcement agency in compliance with federal law, the interrogation shall not be recorded electronically unless the interrogation is conducted with intent to avoid the requirement of electronic recording in RSA 594-A:2. 

 II. If an individual to be interrogated requests that the interrogation not be recorded, or if the individual being interrogated indicates that the individual will not participate in further interrogation unless electronic recording ceases, the interrogation shall not be recorded electronically provided that this request is preserved by electronic recording or in a written document that is signed by the individual. A law enforcement o