HB1530: requiring fish and game officers to wear body cameras.

HB 1530-FN - AS INTRODUCED

2024 SESSION

24-2545

08/05

HOUSE BILL 1530-FN

AN ACT requiring fish and game officers to wear body cameras.

SPONSORS: Rep. Hoell, Merr. 27; Rep. T. Mannion, Hills. 1; Rep. Wallace, Rock. 8; Rep. Popovici-Muller, Rock. 17

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill requires fish and game officers to wear body cameras.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2545

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT requiring fish and game officers to wear body cameras.

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

1 Body-Worn Cameras Required. Amend RSA 105-D:2, I to read as follows:

I. This chapter shall apply to any law enforcement agency, department, or division that elects or is required to equip its law enforcement officers with body-worn cameras. All BWCs shall be operated in a manner consistent with the provisions of this chapter. Every law enforcement agency, department, or division that elects or is required to equip its officers with BWCs shall adopt policies and procedures relating to the use of BWCs and the retention and destruction of data consistent with this chapter. All conservation officers shall use body-worn cameras.

2 Body-Worn Cameras. Amend RSA 105-D:2, XII to read as follows:

XII. Except as authorized in this section, no person, including without limitation officers and their supervisors, shall edit, alter, erase, delete, duplicate, copy, subject to automated analysis or analytics of any kind, including but not limited to facial recognition technology, share, display, or otherwise distribute in any manner any BWC recordings or portions thereof. This paragraph shall not apply to the sharing of a still image captured by the BWC to help identify individuals or vehicles suspected of being involved in a crime. A duplicate or copy of the recording shall be provided in its entirety to counsel for the defendant or a pro se defendant pursuant to a discovery request.

3 Body-Worn Cameras. Amend RSA 105-D:2, XVI to read as follows:

XVI. Recordings made by a BWC shall be permanently destroyed by overwriting or otherwise no sooner than 30 days and no longer than 180 days from the date the images were recorded, except that such recording shall be retained by the law enforcement agency that employs the officer whose BWC made the recording, or an authorized agent thereof, for a minimum of 3 years if:

(a) The recording captures images involving any of the following:

(1) Any action by a law enforcement officer that involves the use of deadly force or deadly restraint.

(2) The discharge of a firearm, unless for the destruction of an animal. If the BWC is worn by a conservation officer then the BWC recording shall be preserved as provided in this chapter.

(3) Death or serious bodily injury.

(4) An encounter about which a complaint has been filed with the police department within 30 days after the encounter.

(b) The recording is being retained by the law enforcement agency as evidence in a civil or criminal case or as part of an internal affairs investigation or as part of an employee disciplinary investigation.

(c) Teaching or participation in any capacity in a hunter education class.

(d) Interactions with sportsmen, including but not limited to hunters, trappers, and fishermen.

4 Public Safety Enhancement Fund. Amend RSA 105-D:3, III to read as follows:

III. All local law enforcement agencies shall be eligible to apply for grants from the fund. Conservation officers shall be eligible to apply for grants from any general funds appropriated to the fund.

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

LBA

24-2545

12/3/23

HB 1530-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to requiring fish and game officers to wear body cameras.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

$102,275 - $152,275

$67,275 - $117,275

$67,275-$117,275

Funding Source(s)

Fish and Game Fund

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

• Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

METHODOLOGY:

This bill requires fish and game officers to wear body cameras. The Fish and Game Department states it currently has 48 funded positions and assumes it would purchase 50 cameras and associated equipment (to have two spares). The Department states, for all 50 cameras, the initial costs for equipment and setup would be $35,000, and annual use costs (subscription fees, data storage, Wi-Fi service, and warranties) would be $47,275. Additionally, the Department states it will also incur costs relative to officer overtime to download data and handle requests (legal, media, public) for dissemination. These costs could be as low as $20,000 per year for overtime only, or as much as approximately $70,000 (salary and benefits) per year for one (1) new position (program assistant II, labor grade 15) to handle the workload. It should be noted this bill provides neither appropriation nor authorization for new personnel.

FY 2025

FY 2026

FY 2027

Initial Cost –

Equipment/Setup

$35,000

$0

$0

Ongoing Cost –

Subscription/Storage/etc

$47,275

$47,275

$47,275

Personnel Cost

$20,000 - $70,000

$20,000 - $70,000

$20,000 - $70,000

Total

$102,275 - $152,275

$67,275 - $117,275

$67,275 - $117,275

AGENCIES CONTACTED:

Fish and Game Department