CHAPTER 247

SB 120 - FINAL VERSION

04/03/03 0975s

29may03... 1703h

06/24/03 2093cofc

2003 SESSION

03-0621

03/01

SENATE BILL 120

AN ACT relative to testimony by video teleconference in criminal cases.

SPONSORS: Sen. Clegg, Dist 14; Sen. D'Allesandro, Dist 20; Rep. Welch, Rock 79; Rep. Tholl, Coos 2; Rep. Langley, Rock 88

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill permits certain testimony to be taken by video teleconference in criminal cases.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/03/03 0975s

29may03... 1703h

06/24/03 2093cofc

03-0621

03/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to testimony by video teleconference in criminal cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

247:1 New Subdivision; Testimony by Video Teleconference in Criminal Cases. Amend RSA 516 by inserting after section 36 the following new subdivision:

Testimony by Video Teleconference in Criminal Cases

516:37 Testimony by Video Teleconference in Criminal Cases.

I. In any criminal case at which a certifying scientist, criminalist, laboratory scientist, or technical specialist from the forensic laboratory of the department of safety, division of state police is summoned to testify, the state may move to take the testimony of the scientist, criminalist, or specialist by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to tests conducted at the forensic laboratory. Notice shall be provided to the defendant, and the defendant shall have an opportunity to object to the introduction of testimony by video teleconference. No video teleconference testimony shall be permitted during a felony prosecution, except with the affirmative assent of the defendant. Examination and cross-examination of the scientist, criminalist, or specialist shall proceed in the same manner as permitted at trial.

II. In any criminal case at which the defendant summons a toxicologist, criminalist, laboratory scientist, or other person of similar expertise to testify as an expert witness, the defendant may move to take the testimony of that witness by video teleconference, provided that the testimony is limited to expert testimony or to the results of and matters relating to tests conducted at the forensic laboratory of the department of safety, division of state police. Notice shall be provided to the state, and the state shall have an opportunity to object to the introduction of testimony by video teleconference. No video teleconference testimony shall be permitted during a felony prosecution, except with the affirmative assent of the state. Examination and cross-examination of the expert witness shall proceed in the same manner as permitted at trial.

247:2 Effective Date. This act shall take effect January 1, 2004.

(Approved: July 14, 2003)

(Effective Date: January 1, 2004)