HB 729 - AS INTRODUCED
2001 SESSION
04/09
HOUSE BILL 729
AN ACT permitting a person charged with a felony or misdemeanor to access the medical and psychiatric records of the alleged victim.
COMMITTEE: Criminal Justice and Public Safety
This bill permits a person charged with a felony or misdemeanor to access the medical and psychiatric records of the alleged victim.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0856
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT permitting a person charged with a felony or misdemeanor to access the medical and psychiatric records of the alleged victim.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Rights of Accused; Access to Medical or Psychological Records. Amend RSA 604 by inserting after section 1-a the following new section:
604:1-b Access to Medical or Psychological Records. Any person charged with an offense which constitutes a felony or misdemeanor under the criminal laws of this state may petition the court for access to the medical or psychological records of the alleged victim, which may include written records, audio recordings, or video recordings. The court shall conduct an in camera examination of any medical or psychological records provided under this paragraph to determine whether they contain evidence relevant to the criminal case. The court may admit into evidence that portion deemed relevant to the case. Only that portion deemed relevant may be reviewed by the parties.
2 Effective Date. This act shall take effect January 1, 2002.