Bill Text: NH HB1097 | 2024 | Regular Session | Introduced

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Bill Title: Replacing two-party recording of conversations with one-party recording of conversations.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2024-03-14 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/14/2024 House Journal 8 P. 4 [HB1097 Detail]

Download: New_Hampshire-2024-HB1097-Introduced.html

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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

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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  RSA 570-A:2, I is repealed and reenacted to read as follows: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