New Hampshire HB 1749: reinstating the death penalty for murder offenses.

Bill Text

HB 1749-FN - AS INTRODUCED

2026 SESSION

 26-2419

 09/08

HOUSE BILL 1749-FN

AN ACT reinstating the death penalty for murder offenses. 

SPONSORS: Rep. S. King, Coos 4; Rep. Potucek, Rock. 13; Rep. J. Aron, Sull. 4; Rep. W. MacDonald, Rock. 16; Rep. Kesselring, Hills. 18; Rep. T. Dolan, Rock. 16; Rep. Bernardy, Rock. 36; Rep. D. McGuire, Merr. 14; Rep. L. Miner, Rock. 7; Rep. Thackston, Ches. 12

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill allows the death penalty for capital murder and for first degree and second degree murder. The bill further authorizes the court, in cases where the death penalty is not imposed, to sentence the defendant to life in prison or any other term that the court orders.

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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2419

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT reinstating the death penalty for murder offenses. 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Capital Murder; Death Penalty Reinstituted. Amend RSA 630:1, III to read as follows: 

 III. A person convicted of a capital murder [shall be sentenced to imprisonment for life without the possibility for parole] may be punished by death or imprisonment for such term as the court may order. 

 2 First Degree Murder; Death Penalty. Amend RSA 630:1-a, III to read as follows: 

 III. A person convicted of a murder in the first degree [shall be sentenced to life imprisonment and shall not be eligible for parole at any time] may be punished by death or imprisonment for such term as the court may order. 

 3 Second Degree Murder; Death Penalty. Amend RSA 630:1-b, II to read as follows: 

 II. Murder in the second degree may be punished by death [shall be punishable by imprisonment for life] or imprisonment for such term as the court may order. 

 4 Procedure in Murder Seeking Death Penalty. Amend RSA 630:5 to read as follows: 

 630:5 Procedure in [Capital Murder] Murder Cases Where the Death Penalty is Sought. 

 I. Whenever the state intends to seek the sentence of death for the offense of [capital] murder, the attorney for the state, before trial or acceptance by the court of a plea of guilty, shall file with the court and serve upon the defendant, a notice: 

 (a) That the state in the event of conviction will seek the sentence of death; and 

 (b) Setting forth the aggravating factors enumerated in paragraph VII of this section and any other aggravating factors which the state will seek to prove as the basis for the death penalty. The court may permit the attorney for the state to amend this notice for good cause shown. Any such amended notice shall be served upon the defendant as provided in this section. 

 II. When the attorney for the state has filed a notice as required under paragraph I and the defendant is found guilty of or pleads guilty to the offense of [capital] murder, the judge who presided at the trial or before whom the guilty plea was entered, or any other judge if the judge who presided at the trial or before whom the guilty plea was entered is unavailable, shall conduct a separate sentencing hearing to determine the punishment to be imposed. The hearing shall be conducted: 

 (a) Before the jury which determined the defendant's guilt; 

 (b) Before a jury impaneled for the purpose of the hearing if: 

 (1) The defendant was convicted upon a plea of guilty; or 

 (2) The jury which determined the defendant's guilt has been discharged for good cause; or 

 (3) After initial imposition of a sentence under this section, redetermination of the sentence under this section is necessary. 

 A jury impaneled under subparagraph (b) shall consist of 12 members, unless at any time before the conclusion of the hearing, the parties stipulate with the approval of the court that it shall consist of any number less than 12. 

 III. When a defendant is found guilty of or pleads guilty to the offense of [capital] murder, no presentence report shall be prepared. In the sentencing hearing, information may be presented as to matters relating to any of the aggravating or mitigating factors set forth in paragraphs VI and VII, or any other mitigating factor or any other aggravating factor for which notice has been provided under subparagraph I(b). Where information is presented relating to any of the aggravating factors set forth in paragraph VII, information may be presented relating to any other aggravating factor for which notice has been provided under subparagraph I(b). Information presented may include the tr