Administering Entity
New Hampshire State Police Forensic Laboratory (Forensic Biology/DNA section)
Recent / Pending Legislation
- HB 270 (2021, enacted) – post-conviction DNA testing.
Arrestees: None.
Convicted Offenders: Yes.
Qualifying Crimes: Any felonies under all state or federal law; Any misdemeanor sex offenses under NH Rev. St. § 651-B:1; Any misdemeanor offenses against a child under NH Rev. St. § 651-B:1.
Time of Collection: Upon intake or prior to the release of any offender after conviction.
Expungement: A person whose DNA record has been included in the database pursuant to this chapter may request expungement on the grounds that the criminal conviction on which the authority for including such person’s DNA record was based has been reversed or the case dismissed, provided that such person requesting expungement has no other criminal convictions which would require inclusion of his or her record in the database. The department shall purge all records and identifiable information in the database pertaining to the person and destroy all samples from the person upon receipt of a written request for expungement pursuant to this section and a certified copy of the court order reversing and dismissing the conviction. The DNA record of any juvenile sexual offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual’s reaching the age of adulthood.
Statutes / Case Law
NH Rev. St. § 651-C:2 – DNA Analysis Required
651-C:1 – Definitions
651-C:5 – Expungement of DNA Database Records Upon Reversal or Dismissal of Conviction
135:17-a Competency Hearing; Commitment for Treatment
651:8-b Hospitalization; Persons Acquitted by Reason of Insanity
Legislative History
HB 1584-FN-L (1996, Ch. 177) “relative to the establishment of a DNA database and to the DNA testing of convicted sexual offenders” — Created RSA 632-A:20–24. Required DNA blood samples from all convicted sexual offenders (RSA 632-A:2,:3,:4) and juvenile sex offenders before release. Established a state DNA database compatible with CODIS, administered by the NH Division of State Police. Approved June 3, 1996; effective August 2, 1996.
HB 768-FN (2002) — “relative to DNA testing of criminal offenders.” Signed by the Governor; effective May 15, 2002. This bill created all of RSA Chapter 651-C, establishing NH’s DNA database program and the collection mandate for persons convicted of sexual offenses, offenses against children, and other felonies..
HB 215 (2003, Ch. 101) — Amended RSA 651-C:5 (expungement procedures). Effective January 1, 2004. ):
2010, Ch. 208. HB 523-FN (2010) — “(New Title) requiring DNA testing of all persons convicted of a felony.” Signed by the Governor; effective August 24, 2010. This amendment expanded the DNA collection mandate and added provisions including the refusal-as-misdemeanor clause (§651-C:2, VIII) and the civil immunity provision (§651-C:2, X).
2016, Ch. 239 SB 339-FN (2016) — “relative to required DNA analysis for certain offenses.” Signed by the Governor; effective January 1, 2017. This amendment added coverage for persons found not guilty by reason of insanity and persons committed to secure psychiatric unit after being found not competent to stand trial.
No program or law identified.
- No program or law found, except for what appears to be public-academic partnerships. State Police and OCME work with Univ of NH (FAIR Lab) and with non-profit DNA Doe Project..
No program or law identified.
No program or law identified.