Bill > HB1236

This bill establishes new requirements for electronic recording of custodial interrogations in criminal and juvenile proceedings, mandating that all custodial interrogations must be recorded in their entirety. Under the new law, any statements made during a custodial interrogation that are not electronically recorded will be inadmissible as evidence in criminal or juvenile delinquency cases, with a limited exception. The exception allows unrecorded statements to be admitted if the court finds they are otherwise admissible under existing evidence rules and law enforcement can provide a reasonable justification for why the interrogation was not recorded, including documentation of the specific circumstances that prevented recording. A "custodial interrogation" typically means questioning of a suspect who is not free to leave and is in police custody. The bill will take effect on January 1, 2027, giving law enforcement agencies time to prepare by acquiring necessary recording equipment, updating policies, and training personnel. While the bill may require some initial investment in technology and training for law enforcement agencies, its primary goal is to enhance transparency and protect the rights of individuals during police questioning by creating a complete and verifiable record of interrogations.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2251&inflect=2