Bill > HB1737

This bill reinstates the death penalty in New Hampshire specifically for serious crimes committed against children under 13 years old. The legislation defines "capital offenses against a child" as first-degree murder, second-degree murder, or aggravated felonious sexual assault involving sexual penetration where the victim is under 13 years old. Any person 18 or older convicted of such an offense would be mandatorily sentenced to death, with no consideration of mitigating or aggravating circumstances. The bill establishes strict appeal procedures, limiting appeals to only claims of evidentiary errors or constitutional violations, and requires the state Supreme Court to resolve all appeals within one year of conviction. Execution would be carried out by hanging or another method deemed humane by the corrections commissioner. The bill applies only to offenses committed after its effective date, which is 60 days after passage, and was developed in response to New Hampshire's 2019 abolition of the death penalty. The fiscal note indicates potential significant costs to the state, with the Judicial Branch estimating annual expenses between $1,000,000 to $5,000,000 depending on the number of cases filed, and the Judicial Council suggesting potential legal expenses of at least $2,500,000 per year.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=1562&inflect=2