RSA 106-B:1 · Definitions

106-B:1 Definitions. – As used in this chapter:

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I.

"Commissioner" shall mean the commissioner of the department of safety.

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II.

"Confidential criminal history record information" means criminal history record information of the following types:

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(a)

Unless the person remains a fugitive from justice, summons and arrest information without disposition.

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(b)

Information disclosing that a criminal proceeding has been postponed or dismissed because the person charged is found by the court to be mentally incompetent to stand trial or to be sentenced.

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(c)

Information disclosing that a criminal charge has been filed.

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(d)

Information disclosing that a criminal charge has been dismissed by a court with prejudice or dismissed with finality by a prosecutor.

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(e)

Information disclosing that a person has been acquitted of a criminal charge. A verdict or accepted plea of not criminally responsible by reason of insanity, or its equivalent, is not an acquittal of the criminal charge but shall be considered confidential pursuant to subparagraph (b).

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(f)

Information disclosing that a criminal proceeding has terminated in a mistrial with or without prejudice.

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(g)

Information disclosing that a criminal proceeding has terminated based on lack of subject matter jurisdiction.

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(h)

Information disclosing that a criminal proceeding has been terminated because the court lacked jurisdiction over the defendant.

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(i)

Information disclosing that a person has petitioned for and been granted a full and free pardon or an annulment.

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III.

"Criminal history record information" means information pertaining to natural persons collected by criminal justice agencies that provide individual identification of record subjects together with notations relating to such persons' involvement in the criminal justice system as alleged or convicted offenders. The term includes information relating to arrests, pretrial detention or release, formal documents setting out criminal charges, dispositions, post-trial release, sentences, correctional pre-sentence investigations, probation and parole status and conditions, parole or probation violations, warrants, court scheduling orders, transport orders, and hearing notices. The term shall also include juvenile protective orders issued pursuant to RSA 169-C:16, I(d)(1) or RSA 169-C:19, II(a)(1), domestic violence protective orders issued pursuant to RSA 173-B, restraining orders issued pursuant to RSA 458:16, I(a), (b), (c), or (d), and stalking orders issued pursuant to RSA 633:3-a. The term "criminal history record information" shall not include:

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(a)

Information relating to juveniles other than those who are charged as adults.

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(b)

Information contained in intelligence and investigative record information as defined in RSA 651-F, law enforcement work product record files, or law enforcement work product records used solely for law enforcement investigation purposes.

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(c)

Fingerprints or other biometric data taken for noncriminal purposes.

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IV.

"Criminal justice agency" means a federal or state or government agency or any unit of a government agency at any governmental level that performs the administration of criminal justice pursuant to a statute or executive order. "Criminal justice agency" includes federal courts, New Hampshire courts, courts in any other state, the department of justice, county attorneys' offices, and the equivalent departments or offices in any federal or state jurisdiction. "Criminal justice agency" also includes any equivalent agency at any level of the government of any federally recognized Indian tribe.

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V.

"Disposition" means information disclosing that criminal proceedings have concluded, and the nature of the termination. The term includes, but is not limited to, the following types of terminations: dismissal, nolle prosequi, acquittal, guilty plea, mistrial, not guilty by reason of insanity, a finding of incompetency to stand trial, pardon, commutation, probation, or parole, as well as information that a law enforcement agency has elected not to refer a matter for prosecution, that a prosecutor has elected not to pursue criminal charges, or that the proceedings have been indefinitely postponed and the reason therefor.

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VI.

"Dissemination" means the transmission of information by any means, in writing or electronically.

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VII.

"Division" means the department of safety, division of state police.

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VIII.

"Employee" means any employee of the division of state police.

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IX.

"Person" shall have the same meaning as in RSA 21:9.

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X.

"Police employee" means any employee who is assigned to police work.

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XI.

"Public criminal history record information" means New Hampshire state criminal history record information that is not confidential criminal history record information. "Public criminal history record information" shall not include violations of RSA 638:13, relating to the use and possession of slugs; RSA 644:8-f, relating to transporting dogs in pickup trucks; RSA 644:16-a, relating to the sale or use of stink bombs; RSA 644:16-b, relating to the sale or use of smoke bombs; or RSA 635:3, relating to trespassing stock or domestic fowl. Source. 1937, 134:2. RL 145:1. RSA 106:1. 1961, 166:4, eff. July 1, 1962. 2019, 297:1, eff. July 1, 2019.

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