New Hampshire HB 1737: relative to reinstating the death penalty for certain offenses against minors under 13 years of age.

Bill Text

HB 1737-FN - AS INTRODUCED
2026 SESSION
26-2362
09/08
HOUSE BILL 1737-FN
AN ACT relative to reinstating the death penalty for certain offenses against minors under
13 years of age.
SPONSORS: Rep. Belcher, Carr. 4; Rep. Perez, Rock. 16; Rep. Sirois, Hills. 32; Rep. Terry,
Belk. 7
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill defines capital offenses against a child to include certain homicide and sexual assault
offenses against minors under 13 years of age, requires those convicted of such an offense to be
sentenced to death, and requires any appeal to be resolved within one year of conviction.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

HB 1737-FN - AS INTRODUCED
26-2362
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to reinstating the death penalty for certain offenses against minors under
13 years of age.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be known as and cited to as the "Capital Offenses Against Children
Act."
2 Legislative Findings. The 2019 abolition of the death penalty in New Hampshire abandoned
the mandate that civil government wield the sword against evil in the most terrible cases of
criminality. This act restores justice by reinstating capital punishment solely for the most heinous
crimes against minors under 13 years of age.
3 Chapter Name Change. Amend the chapter heading of RSA 630 to read as follows:
HOMICIDE AND CAPITAL OFFENSES
4 New Section; Capital Offenses Against a Child. Amend RSA 630 by inserting after section 1-b
the following new section:
630:1-c Capital Offenses Against a Child.
I. "Capital offense against a child" means:
(a) First-degree murder as defined in RSA 630:1-a where the victim was under 13 years
of age;
(b) Second-degree murder as defined in RSA 630:1-b where the victim was under 13
years of age; or
(c) Aggravated felonious sexual assault as defined in RSA 632-A:2 involving sexual
penetration where the victim is under 13 years of age.
II. Notwithstanding any other penalty prescribed by law, any person found guilty of a
capital offense against a child, who was 18 years of age or older at the time of the offense, shall be
sentenced to death. No mitigating or aggravating circumstances may alter this sentence.
5 New Section; Procedure in Capital Offense Against Child Cases. Amend RSA 630 by inserting
after section 5 the following new section:
630:5-a Procedure for Capital Offenses Against a Child.
I. Upon conviction of a capital offense against a child, the court shall impose the death
penalty by hanging, or by any other method deemed humane and expeditious by the commissioner of
corrections.
II. Appeals shall be expedited and limited to claims of evidentiary errors or constitutional
violations directly related to the guilt phase. No appeals based on proportionality, mercy, or
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HB 1737-FN - AS INTRODUCED
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sentencing discretion shall be permitted. The supreme court shall resolve all appeals within one
year of conviction.
III. The family of the victim shall have the right to provide input during sentencing,
including statements on the impact of the crime.
6 Applicability. This section shall apply prospectively to offenses committed after the effective
date of this act and shall not apply to offenses committed prior.
7 Effective Date. This act shall take effect 60 days after its passage.
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LBA
26-2362
12/15/25
HB 1737-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to reinstating the death penalty for certain offenses against minors under
13 years of age.
FISCAL IMPACT: This bill does not provide funding.
Estimated State Impact
FY 2026 FY 2027 FY 2028 FY 2029
Revenue $0 $0 $0 $0
Revenue Fund(s) None
Expenditures* $0
Indeterminable
Increase
$0 to
$7,500,000
Indeterminable
Increase
$0 to
$7,5000,000
Indeterminable
Increase
$0 to
$7,5000,000
Funding Source(s) GeneralFund
Appropriations* $0 $0 $0 $0
Funding Source(s) None
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill
The Office of Legislative Budget Assistant is unable to provide a complete fiscal note for this bill,
as introduced, as it is awaiting information from the Department of Justice. The Department
was originally contacted on 11/20/25 and then again on 12/9/25 for a fiscal note worksheet.
When completed, a revised fiscal note will be forwarded to the House Clerk's Office
METHODOLOGY:
This bill reinstates capital punishment in New Hampshire for certain o