This bill requires that all custodial interrogations conducted by law enforcement agencies be electronically recorded in their entirety, establishing a new chapter, RSA 594-A, which defines terms such as "custodial interrogation," "electronic recording," and "law enforcement agency." It outlines exceptions to the recording requirement, including instances where the individual requests not to be recorded or if recording equipment fails despite reasonable maintenance. Furthermore, the bill creates a presumption of inadmissibility for statements made during unrecorded interrogations, with specific provisions for overcoming this presumption under certain circumstances.

To facilitate the implementation of this requirement, the bill establishes the Electronic Equipment Acquisition Fund (EEAF) to provide grants to state law enforcement agencies for purchasing necessary recording equipment, with an appropriation of $50,000 allocated for this purpose. However, the bill does not authorize new positions or sufficient funding to cover all potential reimbursement requests, as the estimated cost to outfit a recording room is around $18,670. Additionally, the Department of Corrections anticipates incurring costs related to hiring a full-time employee for managing the recording process, with projected expenses of $32,000 in FY 2026, $109,000 in FY 2027, and $113,000 in FY 2028. The bill may also impose costs on county and local governments for purchasing and maintaining recording equipment and training personnel, raising concerns about the adequacy of funding and the financial burden on local municipalities.

Statutes affected:
Introduced: 6:12