SB 211 - AS INTRODUCED

2003 SESSION

03-1184

04/09

SENATE BILL 211

AN ACT relative to the expungement of DNA records and multiple qualifying convictions.

SPONSORS: Sen. Below, Dist 5; Sen. Flanders, Dist 7; Sen. D'Allesandro, Dist 20; Rep. Patten, Carr 7; Rep. Wall, Straf 72

COMMITTEE: Judiciary

ANALYSIS

This bill provides that only the criminal record for the specific case which has been dismissed shall be expunged from the DNA database.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1184

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the expungement of DNA records and multiple qualifying convictions.

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

1 DNA Testing of Criminal Offenders; Expungement of Records. Amend RSA 651-C:5, I to read as follows:

I. A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person's DNA record was based has been reversed and the case dismissed. The department shall purge all records and identifiable information in the database pertaining to the [person] specific case which has been dismissed and destroy all samples from the person relating to the specific case which has been dismissed upon receipt of a written request for expungement pursuant to this section and a certified copy of the court order reversing and dismissing [the] that specific conviction.

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