Bill > HB1749

This bill reinstates the death penalty for capital murder, first-degree murder, and second-degree murder in New Hampshire, replacing previous mandatory life without parole sentences. The legislation allows courts to impose the death penalty or alternative prison sentences for these murder offenses, giving judges and juries more discretion in sentencing. The bill establishes a detailed sentencing procedure for death penalty cases, requiring a separate hearing to determine punishment where prosecutors must prove aggravating factors beyond a reasonable doubt, while defendants can present mitigating factors. The aggravating factors include purposeful killing, previous violent convictions, especially heinous murder methods, and other specific circumstances that might justify a death sentence. The sentencing process involves a jury determining whether aggravating factors outweigh mitigating factors, with a unanimous vote required to recommend death. If the death penalty is imposed, execution will be carried out by lethal injection using specific pharmacological protocols. The bill includes provisions for automatic Supreme Court review of death sentences and specifies that executions cannot be performed on pregnant women or individuals who committed the offense as minors. The law is set to take effect on January 1, 2027, and is expected to have potential fiscal impacts on the state's judicial system, with estimated additional costs ranging from $500,000 to $3,500,000 annually.