New Hampshire SB 467: relative to certain procedures conducted in teaching hospitals.

Bill Text

SB 467-FN - AS INTRODUCED

2026 SESSION

 26-2028

 09/08

SENATE BILL 467-FN

AN ACT relative to the penalty for certain fentanyl-related offenses and establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

SPONSORS: Sen. Gannon, Dist 23; Sen. Innis, Dist 7; Sen. Birdsell, Dist 19; Sen. Lang, Dist 2; Sen. Avard, Dist 12; Sen. Pearl, Dist 17; Sen. Rochefort, Dist 1; Sen. Abbas, Dist 22; Rep. M. Pearson, Rock. 34; Rep. Khan, Rock. 30; Rep. Litchfield, Rock. 32; Rep. L. Walsh, Rock. 15; Rep. Kuttab, Rock. 17

COMMITTEE: Judiciary

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ANALYSIS

This bill:

 I. Adds mandatory minimum sentences for certain fentanyl-related offenses. 

 II. Sets a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2028

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the penalty for certain fentanyl-related offenses and establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

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

 1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a)(3) to read as follows:

 (3) Heroin or its analog, crack cocaine, or a fentanyl class drug in a quantity of 5 grams or more, including any adulterants or dilutants. A fentanyl class drug in a quantity of 20 grams or more, including any adulterants or dilutants, shall carry a minimum term of imprisonment of not less than 3 years and 6 months incarceration. A fentanyl class drug in a quantity of 50 grams or more, including any adulterants or dilutants, shall carry a minimum term of imprisonment of not less than 7 years incarceration, subject to the exception delineated herein.

 (A) A person subject to a mandatory minimum sentence prescribed in subparagraph (3) may be eligible for a sentence below the mandatory minimum if the court finds, by clear and convincing evidence, that all of the following conditions are met:

 (i) The defendant has no prior convictions for violent felonies, as defined in RSA 651:5, XIII, or substantially similar convictions in any other territory, state, or federal jurisdiction, within the past 7 years.

 (ii) The offense did not involve the use, attempted use, or credible threat of violence, firearms, or other dangerous weapons, as defined in RSA 625:11, V.

 (iii) The defendant was not a leader, organizer, or supervisor in the drug operation, as determined by the court.

 (iv) The defendant, to the extent that he or she is able, as determined by the court, and considering the recommendation of the prosecutor, provides substantial assistance to law enforcement, including full and truthful disclosure of all known details of the offense and related nonviolent activities, resulting in actionable intelligence related to another offender, prior to sentencing. The court shall make the final decision related to the satisfaction of this condition.

 (v) The defendant submits to a court-ordered substance use disorder evaluation and, if recommended, completes a state-approved treatment program within 9 months of sentencing, provided such treatment is available. In the event no treatment is available within the 9-month window, the court may, at its discretion, extend the time to complete such treatment. If no treatment is recommended, the defendant shall complete a 50-hour, court-approved drug education program, provided such a program is available. The court may, at its discretion, allow substitution programs of a similar nature if there are no 50-hour, approved programs available.

 (vi) The defendant did not knowingly possess or distribute a fentanyl-class drug in a form intended to deceive, including but not limited to counterfeit prescription pills.

 (B) Upon determining eligibility, the court may impose a sentence below the mandatory minimum, including probation, conditional discharge, or a reduced prison term, pursuant to RSA 651:2. The court shall consider:

 (i) The defendant’s specific role and culpability in the offense.

 (ii) Mitigating factors, such as documented coercion or extreme economic hardship, provided they do not excuse the offense.

 (iii) The defendant’s risk of recidivism, based on criminal history and compliance with pre-sentencing conditions.

 (C) If a sentence below the mandatory minimum is applied pursuant to subparagraph (B), the court shall impose a minimum of 3 years' probation with mandatory c