Bill seeks to curtail mug shot releases

CONCORD — A bill that passed the New Hampshire House Wednesday would prohibit law enforcement agencies from providing mug shot photos of suspects to the public and press under most circumstances.

The bill is HB 125 and it was sponsored by Rep. Nicole Klein-Knight and Donald Bouchard who are both Democrats from Manchester as well as Terry Roy, R-Deerfield. The bill was introduced to the Criminal Justice and Public Safety committee in January. On March 2, the committee voted 19-2 that the bill ought pass with amendment.

On Wednesday, April 7, at around 5 p.m., it was passed with amendment on a voice vote. No recorded vote tally was taken. No discussion was had.

Klein-Knight spoke to The Sun on March 4. The bill was first filed last year but it got delayed because of COVID-19. She became concerned about police departments posting mug shots to their social media accounts and the comment sections were left open.

"It turns into a public mob of shame," said Klein-Knight March 4 about police social media pages.

She has heard constituents that have lost job and housing opportunities because of post arrest publicity. The bill would not apply to dangerous fugitives.

"This would not impede on any man hunts or anything like that," said Klein-Knight. "I want to keep my people safe and want to make sure people are being treated fairly."

The bill was heard in a public hearing by the Criminal Justice Committee on Feb. 17. The hearing was posted to Youtube.

Asked if names should be released, Roy said yes because they don't want police arresting people in secret.

Two Carroll County area police chiefs have concerns about the bill. Wolfeboro Police Chief Dean Rondeau brought it to The Sun's attention in early March.

"The issue central here, in my opinion, is alerting the public to an arrest of a citizen, and freedom of Speech to report that arrest," said Rondeau. "The First Amendment helps us the state do that which is required under the two Constitutions, and holds the State accountable in the identification of the arrested citizen. I think photo identification, and sharing, especially in this age of our technology, is certainly a Right that the media should not allow to be taken away!"

In a follow up phone interview, Rondeau added, "This bill, in my opinion, hamstrings, law enforcement and hamstrings, the media. It doesn't contribute to transparency and government transparency and law enforcement."

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The Sun also asked Jackson Police Chief Chris Perley about the bill. He said laws must carefully balance public safety interests, the public's right to know along with the rights of the accused.

"The effect of unintended consequences, particularly, when you are engineering, the criminal justice system can be far and wide," said Perley. "And it seems like in an effort to restrict law enforcement ability to put out information about criminal activities, we are inadvertently restricting the ability of a free press to inform the population."

The Sun told Perley that having mugshots helps The Sun to properly identify suspects. For example, a criminal suspect may share the same name as someone else in the community.

Perley replied that there is another Chris Perley in the Mount Washington Valley area.

Defense Attorney Jesse Friedman Friedman & Bresaw of Meredith was supportive of the bill and said "nothing is more stigmatizing than having your picture published in the newspaper and online to remain in infamy when you have been wrongfully accused of a crime."

Friedman added, "The proposed bill balances the individual privacy interest with the First Amendment and allows for publication if there is in fact a conviction, which I have no issue with. I have represented far too many people over the years that have not been convicted of an offense and had their lives disrupted due to the societal implications of having their arrest photos and the like disseminated."

State Sen. Jeb Bradley, R-Wolfeboro, opposes the bill and says mug shots should be part of the public record and is unlikely to pass the senate.

"If you want to have transparency and accountability of policing and allegations of criminal activity that should be a matter of public record," said Bradley.

The bill reads as follows:

105:20 Law Enforcement; Post-Arrest Photo Distribution. Post-arrest photos taken by law enforcement officers of arrested persons shall be considered records compiled for investigatory purposes and shall not be subject to RSA 91-A unless the subject of the photo is convicted of a charge arising out of the arrest that led to the taking of the photo. Law enforcement officers may publish post-arrest photos related to a crime for which the subject has not been convicted if the subject fails to appear before the court after having been granted bail or is suspected of committing a subsequent crime while on bail and the assistance of the public is necessary to locate the subject after routine non-public methods of location have been exhausted. Law enforcement officers may also release post-arrest photos if the subject presents an immediate danger to the public and the release of the photo is necessary for public safety. The subject shall be notified of the potential for public release of the photo when it is taken. Law enforcement officers may also release such applicable post-arrest photos to the subject of the photo upon written request of the person. Law enforcement officers shall maintain a record of all applicable photos released or disseminated and shall include with whom the photos were shared and for what purpose. Nothing in this subdivision shall prohibit the ability of law enforcement agencies from disseminating such post-arrest photos to witnesses or to other law enforcement agencies in the performance of any valid law enforcement function. Nothing in this subdivision shall alter the ability of law enforcement agencies to take or use the photos of convicted, registered sex offenders under the provisions in RSA 651-B:5.

Effective Date: This act shall take effect January 1, 2022.