This bill replaces the current requirement of two-party consent for recording conversations with a one-party consent requirement. It repeals and reenacts RSA 570-A:2, I to make it a class B felony to willfully intercept a telecommunication or oral communication without the consent of any party to the communication who has a reasonable expectation of privacy. It also amends RSA 570-A:2 to make it a misdemeanor to knowingly intercept a telecommunication or oral communication without the consent of any party to the communication who has a reasonable expectation of privacy. The bill adds a new paragraph, I-b, which clarifies that one-party consent is allowed for interception of a telecommunication or oral communication when the consenting party is not acting in a law enforcement capacity. The bill will take effect on January 1, 2025.

The fiscal impact of this bill is indeterminable. It may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs for the state, as well as county and local governments. The exact costs cannot be determined at this time. The bill has been reviewed by the Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association.

Statutes affected:
Introduced: 570-A:2