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Bill

SB 289

relative to use and preservation of body-worn camera recordings in certain matters.

2026 Regular Session Introduced by J.D. Bernardy and 6 co-sponsors

Sets rules for use, retention, and privacy of body-worn camera recordings in investigations and court, including access, redaction, and public release standards.

Refer to Interim Study, MA, VV; 01/07/2026; SJ 1
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Bill Summary · SB 289

Summary: Senate Bill 289 (NH) – 2026

Title: Relative to use and preservation of body-worn camera recordings in certain matters

Jurisdiction: New Hampshire
Session: 2026

Purpose and Intent

SB 289 addresses the use, handling, and preservation of body-worn camera (BWC) recordings in specified matters. The bill aims to establish when recordings may be used in legal processes, how they must be preserved or retained, and related procedures to ensure appropriate access, privacy, and accountability for law enforcement encounters captured by BWCs.

Key Provisions and Changes (highlights)

  • Scope of Application: Applies to body-worn camera recordings created by law enforcement officers in certain circumstances, with particular emphasis on matters where recordings are pertinent to investigations, prosecutions, or public accountability.

  • Use of Recordings:

    • Outlines permissible uses of BWC footage in legal and official proceedings.
    • Specifies situations where footage may be introduced as evidence and any limitations on use to protect privacy, personnel records, or ongoing investigations.
    • May address redaction requirements or protective orders for sensitive information within recordings.

  • Preservation and Retention:

    • Establishes retention timelines for BWC recordings (e.g., how long footage must be stored before automatic deletion, subject to exceptions).
    • Creates criteria for longer retention in cases involving ongoing investigations, incidents of public interest, grand jury proceedings, or lawsuits.
    • Provides guidance on secure storage, chain-of-custody, and access controls to prevent unauthorized viewing or alteration.

  • Access and Privacy:

    • Sets rules for who may view BWC footage (e.g., prosecutorial teams, defense counsel, public records requests) and under what conditions.
    • Addresses privacy protections for individuals depicted in recordings, including minors and victims, and potential redaction standards.
    • May include exemptions from public records requests in order to protect privacy or safety concerns, with a mechanism for balancing transparency with protection.

  • Release and Public Access:

    • Defines circumstances under which footage may be disclosed to the public or to third parties.
    • Specifies timelines for release after an incident or investigation, if applicable, and any required notice to involved parties.

  • Compliance and Oversight:

    • Imposes reporting or auditing requirements to ensure agencies adhere to the retention and access rules.
    • May establish or reference a supervising body or official to handle complaints, disputes, or requests related to BWC footage.

Who is Affected

  • Law enforcement agencies and officers equipped with body-worn cameras.
  • Prosecutors, defense attorneys, and the judiciary involved in cases relying on BWC footage.
  • Individuals depicted in recordings (subject to privacy protections) and their families.
  • Public records offices or transparency bodies responsible for processing requests for footage.
  • General public, to the extent footage is released under the bill’s public access provisions.

Procedural and Timeline Aspects

  • Referral History:
    • Introduced: January 9, 2025; referred to Judiciary.
    • Committee activity: Referred and rereferred with votes on various dates (e.g., March 6, 2025; November 3, 2025; January 7, 2026).
  • Hearing and Testimony:
    • Scheduled hearings noted (e.g., February 4, 2025, in State House Room 100).
  • Interim Study:
    • The bill has been referred to Interim Study with action dates indicating consideration for further review before potential final passage (January 7, 2026, SJ 1; committee votes reflected in interim study reporting).

Practical Implications

  • Agencies may need to adjust BWC retention schedules to align with new minimum or extended retention requirements.
  • Legal teams must navigate defined access and redaction rules, potentially affecting discovery timelines.
  • Privacy protections could limit broad public access to certain footage, while maintaining accountability through permitted disclosures.
  • Clearer standards for admissibility and use of BWC footage in court could improve consistency across cases.

Note

This summary reflects the bill’s stated scope and typical provisions for body-worn camera governance. For specific statutory language, exact retention periods, redaction standards, and procedural details, consult the bill text and any enacted amendments or fiscal notes accompanying SB 289.

Compiled from official sources — confirm details with the bill’s official record.

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