HB1097: replacing two-party recording of conversations with one-party recording of conversations.

HB 1097-FN - AS INTRODUCED

2024 SESSION

24-2463

11/08

HOUSE BILL 1097-FN

AN ACT replacing two-party recording of conversations with one-party recording of conversations.

SPONSORS: Rep. Dunn, Rock. 16

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides for one-party interception of telecommunication or oral communications in 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2463

11/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT replacing two-party recording of conversations with one-party recording of conversations.

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

1 Interception of Telecommunication and Oral Communications. Criminal Classifications. RSA 570-A:2, I is repealed and reenacted to read as follows:

I. A person is guilty of a class B felony if, except as otherwise specifically provided in this chapter, the person willfully intercepts a telecommunication or oral communication without consent of any party to the communication having a reasonable expectation of privacy regarding the communication.

2 Misdemeanor Offense. Amend 570-A:2 to read as follows:

I-a. A person is guilty of a misdemeanor if, except as otherwise specifically provided in this chapter [or without consent of all parties to the communication], the person knowingly intercepts a telecommunication or oral communication [when the person is a party to the communication or] without consent of any party to the communication having a reasonable expectation of privacy regarding the communication. [or with the prior consent of one of the parties to the communication, but without the approval required by RSA 570-A:2, II(d).] without consent of any party to the communication having a reasonable expectation of privacy regarding the communication.

3 New Paragraph; One Party Consent. Amend RSA 570-A:2 by inserting after paragraph I-a the following new paragraph:

I-b. Nothing in Paragraphs I and I-a shall be construed to prohibit interception of a telecommunication or oral communication by only one consenting party to the interception when that consenting party is not acting in a law enforcement capacity.

4 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2463

10/5/23

HB 1097-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to replacing two-party recording of conversations with one-party recording of conversations.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/FiscalNotes/JudicialCorrectionalCosts.pdf.

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association