HB1239: relative to records access by private investigators.

HB 1239 - AS INTRODUCED

2003 SESSION

03-2068

04/10

HOUSE BILL 1239

AN ACT relative to records access by private investigators.

SPONSORS: Rep. Dumaine, Rock 75

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that certain motor vehicle, criminal, and sexual offender records shall be made available to a licensed and bonded private investigator employed by an attorney licensed to practice law in this state.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2068

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to records access by private investigators.

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

1 New Subparagraph; Criminal Records and Reports. Amend RSA 106-B:14, I by inserting after subparagraph (c) the following new subparagraph:

(d) Any private investigator duly licensed and bonded in this state who is employed by any attorney licensed to practice law in this state may request and receive a copy of the criminal conviction record of another, provided such private investigator produces a letter, signed by the licensed attorney and including the docket number assigned to the case by the court, stating that the request for such records and information is for the purpose of an investigation pursuant to a pending civil or criminal matter.

2 Motor Vehicles; Records and Certification. Amend RSA 260:14, I(d) to read as follows:

(d) "Legitimate business'' means a business which is registered in New Hampshire and which receives compensation in connection with matters of motor vehicle or driver safety or theft, motor vehicle emissions, and motor vehicle market research activities, including survey research. "Legitimate business" shall also mean any attorney licensed to practice law in this state and any private investigator employed by such licensed attorney, provided the private investigator is duly licensed and bonded in this state by the department of safety pursuant to RSA 106-F.

3 Motor Vehicles; Records and Certification. Amend RSA 260:14, III to read as follows:

III.(a) Motor vehicle records may be made available in response to a request from a state, a political subdivision of a state, pursuant to a court order, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this section shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this [paragraph] subparagraph.

(b) Notwithstanding any provision of law to the contrary, motor vehicle, criminal, and sexual offender records shall be made available to any private investigator duly licensed and bonded in this state who is employed by any attorney licensed to practice law in this state, provided such private investigator produces a letter signed by the licensed attorney which includes the docket number of the case. Any records received pursuant to this section shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this subparagraph.

4 Effective Date. This act shall take effect 60 days after its passage.