HB1670: relative to recording grand jury testimony.

HB 1670-FN - AS AMENDED BY THE HOUSE

12Mar2020... 1071h

2020 SESSION

20-2269

04/03

HOUSE BILL 1670-FN

AN ACT relative to recording grand jury testimony.

SPONSORS: Rep. Sylvia, Belk. 6; Rep. M. Smith, Straf. 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires grand jury proceedings to be audio recorded and authorizes a party to obtain a copy of such recording under certain circumstances.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 1071h 20-2269

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to recording grand jury testimony.

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

1 New Section; Grand Juries; Recording Testimony Given to Grand Juries. Amend RSA 600 by inserting after section 5 the following new section:

600:6 Recording the Proceedings.

I. Except while the grand jury is deliberating or voting, all grand jury proceedings shall be audio recorded by a suitable recording device. The unintentional failure to make a recording shall not affect the validity of a prosecution or indictment. Unless the court orders otherwise, the court having jurisdiction over the proceedings shall retain control of the recording, the reporter's notes, and any transcript prepared from those notes. Upon application to the court made no later than 30 days before trial, or later for good cause shown, and by order of the court, a party may obtain a copy of the recording or transcript when:

(a)(1) The party can show that grounds may exist to dismiss the indictment; or

(2) The material is needed to avoid a possible injustice in another judicial proceeding; and

(b) The need for disclosure outweighs the need for secrecy; and

(c) The request for disclosure is structured to cover only the material needed.

II. Nothing in this section shall alter the provisions of rule 8 of the New Hampshire rules of criminal procedure or New Hampshire supreme court rule 52.

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

LBAO

20-2269

Amended 3/24/20

HB 1670-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-1071h)

AN ACT relative to recording grand jury testimony.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

In excess of $712,600

In excess of $728,400

In excess of $745,400

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill requires that all grand jury proceedings be audio recorded. All grand jury proceedings take place in the superior court. There are eleven superior court locations in the State, one in each county and two in Hillsborough County. The Judicial Branch indicates the superior court would need an additional court monitor for each court and provided the following cost information:

FY 2021 Court Monitor Cost: $64,782 X 11 Superior Courts = $712,602

FY 2022 Court Monitor Cost: $66,226 X 11 Superior Courts = $728,486

FY 2023 Court Monitor Cost: $67,770 X 11 Superior Courts = $745,470

In addition, the Branch states there would be a substantial cost to transcribe the recordings, which is the responsibility of the party requesting the transcript.

It is assumed any fiscal impact of this bill will not occur until FY 2021.

AGENCIES CONTACTED:

Judicial Branch