Section 106-B:14 Criminal Records, Reports; National Crime Prevention and Privacy Compact.
I. With the approval of the commissioner of safety, the director shall adopt rules under RSA 541-A as may be necessary to secure records and other information relative to persons who have been convicted of a felony, misdemeanor or violation within the state, or who are known to be habitual criminals, or who have been placed under arrest in criminal proceedings. The term ""violation''; as used in this section shall apply only to violations committed under title LXII. Notwithstanding RSA 91-A, such records and information, including but not limited to dissemination logs, shall not be open to the inspection of any person except those who may be authorized to inspect the same by the director, as follows:
(a) Law enforcement personnel may request and receive any information documenting an individual's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody and supervision.
(b) Any individual may request and receive a copy of his or her own criminal conviction and arrest records and related information.
(c) Any individual or any public or private agency may request and receive a copy of the criminal conviction record of another who has provided authorization in writing, duly signed and notarized, explicitly allowing the requestor to receive such information.
(d) An employee of or person under contract to the state of New Hampshire to whom such disclosure is necessary in connection with the processing, storage, and transmission of such information, or the programming, repair, maintenance, testing, or procurement of equipment used to process, store, or transmit such information.
The clerks of the superior and municipal courts, or if there is no clerk the justice thereof, sheriffs, deputy sheriffs, police officers, and superintendents of the county departments of corrections shall secure and forward to the director all such information as he or she may direct relative to persons brought before said courts or arrested or in the custody of such officers. Any person violating the provisions of this section or any rules adopted under RSA 541-A shall be guilty of a violation, for each offense.
II. The director shall submit an annual report to the general court relative to domestic assaults based on the records and information acquired pursuant to RSA 106-B:14, I. The report shall be a compilation of the number of assaults on family or household members and other such data as the director may deem appropriate.
III. (a) The general court hereby approves and ratifies the National Crime Prevention and Privacy Compact, 42 U.S.C. sections 14611-14616, as it existed on January 1, 2002, and the compact shall remain in effect until legislation is enacted renouncing or rescinding the compact.
(b) Criminal history information shall be made available according to the provisions of the National Crime Prevention and Privacy Compact.
(c) The commissioner of the department of safety shall execute, administer, and implement the compact on behalf of the state, and may adopt rules, pursuant to RSA 541-A, as necessary for the national exchange of criminal history records for noncriminal justice purposes.
(d) Nothing in this paragraph shall alter the duties and responsibilities of the commissioner of the department of safety regarding the dissemination of criminal history records within the state of New Hampshire.
Source. 1937, 134:15. RL 145:14. RSA 106:15. 1961, 166:4. 1973, 531:21. 1979, 377:3. 1987, 124:6, I(f)(1). 1988, 89:14. 1991, 323:2, eff. Jan. 1, 1992. 2003, 190:1, 2, eff. June 30, 2003. 2006, 137:1, eff. July 21, 2006.