Bill Text: NH HB67 | 2023 | Regular Session | Introduced
Bill Title: Relative to the right to review source code of software in criminal cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-14 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/14/2023 House Journal 5 [HB67 Detail]
Download: New_Hampshire-2023-HB67-Introduced.html
HB 67-FN - AS INTRODUCED
2023 SESSION
23-0194
04/08
HOUSE BILL 67-FN
AN ACT relative to the right to review source code of software in criminal cases.
SPONSORS: Rep. Gallager, Merr. 20
COMMITTEE: Judiciary
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ANALYSIS
This bill provides that a defendant shall have the right to examine the source code of any computer software used to generate evidence against him or her.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0194
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the right to review source code of software in criminal cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; General Principles; Right to Examine Source Code. Amend RSA 626 by inserting after section 8 the following new section:
626:9 Right to Examine Source Code. A defendant shall have the right to examine the source code of any software used to generate evidence used against him or her in a criminal proceeding, in order to assess the reliability of such evidence.
2 Effective Date. This act shall take effect January 1, 2024.
23-0194
11/9/22
HB 67-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the right to review source code of software in criminal cases.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill provides that a defendant shall have the right to examine the source code of any computer software used to generate evidence against him or her.
The Judicial Branch assumes this bill would result in additional discovery motions filed with the Court and, if a dispute arises regarding the proprietary/confidential nature of source code, the hearings could be substantial. The Judicial Branch is unable to determine how many additional hearings, if any, would result from the bill.
The Judicial Council assumes defense counsel will need to retain experts for review of the source code, as it is technical information that will require expert review. Electronic discovery is becoming more common in criminal cases, and it is anticipated that the need for expert services would apply to all such cases. The Council estimates this bill will increase indigent defense costs by a significant but indeterminate amount.
AGENCIES CONTACTED:
Judicial Branch and Judicial Council
