The bill, HB 1749-FN, seeks to reinstate the death penalty in New Hampshire for capital murder, first-degree murder, and second-degree murder offenses. It amends existing laws by replacing the previous mandate of life imprisonment without the possibility of parole with provisions that allow for a death sentence or imprisonment for a term determined by the court. Specifically, the bill modifies RSA 630:1, RSA 630:1-a, and RSA 630:1-b to include language permitting the death penalty as a potential punishment while also allowing for life imprisonment or other terms at the court's discretion. The term "capital" is deleted from the text in several instances, reflecting a shift in terminology and approach.

Furthermore, the bill establishes a revised procedural framework for cases where the death penalty is sought, emphasizing the importance of jury findings on aggravating and mitigating factors in sentencing decisions. It outlines specific aggravating factors to be considered, such as purposeful killing and prior convictions resulting in death, and clarifies that the jury is not obligated to impose a death sentence even if aggravating factors are present. The bill also mandates an automatic review of death sentences by the supreme court and details execution procedures, including lethal injection and hanging. The fiscal impact of the bill is uncertain, with potential annual costs ranging from $0 to $3,500,000, depending on the number of death penalty cases, raising concerns about the financial burden on the state without provisions for additional funding or staffing.

Statutes affected:
Introduced: 630:1, 630:1-a, 630:1-b, 630:5
HB1749 text: 630:1, 630:1-a, 630:1-b, 630:5