SB 145-FN - AS AMENDED BY THE SENATE
03/06/2025 0397s
2025 SESSION
25-1120
11/09
SENATE BILL 145-FN
AN ACT establishing an evidence shipping pilot program and providing an appropriation therefor.
SPONSORS: Sen. Altschiller, Dist 24
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill enables the department of safety to develop an evidence shipping pilot program and provides an appropriation therefor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/2025 0397s 25-1120
11/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT establishing an evidence shipping pilot program and providing an appropriation therefor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Purpose. The general court finds:
I. The state of New Hampshire has effectively worked to reduce the backlog of sexual assault evidence collection kits by ensuring that evidence is analyzed in a timely manner. The state has implemented a kit tracking system that allows the department of justice and the state forensic laboratory to monitor the location and chain of custody as that evidence moves through the system for analysis.
II. One in 4 women and one in 20 men experience sexual violence in New Hampshire, with nearly half of all reported sexual assaults occurring before the victim is 18. On average, 25 kits are collected in New Hampshire each month, which equates to 300 kits annually. It can take years before a sexual assault case is resolved through the criminal justice system.
III. Recognizing the critical work that has been done, the state can expand its efforts to further reduce the time it takes for sexual assault evidence to move from a law enforcement agency to the state forensic laboratory by establishing a mobile forensic evidence collection pilot program.
2 New Subdivision; Evidence Shipping Pilot Program. Amend RSA 21-P by inserting after section 70 the following new subdivision:
Evidence Shipping Pilot Program
21-P:71 Evidence Shipping Pilot Program.
I. The department of safety may develop an evidence shipping pilot program to alleviate long waiting periods for evidence to be safely delivered to the state forensic laboratory, where it can be properly stored pending analysis. A special emphasis shall be placed on supporting law enforcement in rural communities where resources are limited.
II. In this pilot program, all evidence collected by medical personnel in a sexual assault case occurring in the state of New Hampshire shall be transferred to the state forensic laboratory within 7 business days of collection. If a law enforcement agency cannot deliver the evidence in person to the state forensic laboratory, which shall be the preferred method of delivery, the agency may use a common carrier that provides readily accessible package tracking to send the evidence to the state forensic laboratory for delivery within 7 business days of collection. Law enforcement must have a good faith basis to believe that the common carrier will accomplish delivery in 7 days prior to choosing the common carrier. When utilizing delivery by a common carrier, law enforcement shall deliver the packaged evidence in-hand to an agent of the carrier, and not by drop box or other drop off, and keep track of the package's routing and delivery by tracking number assigned by the carrier. Costs for use of the common carrier may be eligible for reimbursement through the pilot program if law enforcement can demonstrate that all good faith efforts were made in an effort to deliver the packaged evidence within the 7 day delivery requirement of this section.
III. The department of safety shall adopt rules under RSA 541-A for the design, administration, and reporting requirements of the program.
3 Appropriation. The department of safety shall determine the amount needed to fund the pilot program, and that amount is hereby appropriated to the department of safety for the biennium ending June 30, 2027, for the purpose of funding the pilot program established in section 2. The governor is authorized to draw a warrant for any general fund sum out of any money in the treasury not otherwise appropriated.
4 Effective Date. This act shall take effect July 1, 2025.
25-1120
1/15/25
SB 145-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | $175,000 - $300,000 Per Year | ||||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $200,000 | $200,000 | $0 | ||
Funding Source(s) | General Fund | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill enables the Department of Safety to develop a mobile evidence collection unit pilot program and provides $200,000 in general funds for each FY 2026 and FY 2027. Of this appropriation, the bill annually allocates $140,000 to transition two (2) part-time positions to full-time to manage the program and $20,000 for refrigerated lock-boxes and other equipment. It is assumed the remaining $40,000 per year would be spent at the agency’s discretion. The Department states total costs to implement this program may range from $175,000 to $300,000 per year, as there are various cost items (e.g., overtime, vehicle fuel, vehicle maintenance, laptops, bar code scanners, printers, portable Wi-Fi hotspots, etc…) that are unknown at this time.
AGENCIES CONTACTED:
Department of Safety