Bonnie Dunham | Oppose HB1737

Re: HB 1737-FN, relative to reinstating the death penalty for certain offenses against minors under 13 years of age. I am writing to ask you to please oppose HB 1737-FN, relative to reinstating the death penalty for certain offenses against minors under 13 years of age. HB 1737-FN amends RSA 630 by adding a new section 1-c, Capital Offenses Against a Child, which requires the death penalty for individuals convicted of first-degree murder, second-degree murder, or aggravated felonious sexual assault where the victim is under 13 years of age. It also fast-tracks appeals. I oppose this bill for several reasons: - I do not believe that in a just society, it should be acceptable to take an individual’s life, regardless of the crime they have committed. While I can understand the emotions that would drive someone to seek the death penalty, the only purpose it would serve is for revenge. That should not be the role of our criminal justice system. - The death penalty is not a deterrent; it will not make children safer from capital offenses. - In the case of aggravated felonious sexual assault against a child under the age of 13, I am concerned that this bill will cause further emotional harm to the children it aims to protect. Involving a child in a court case is traumatic for the child; when the child is aware that the perpetrator will be executed if convicted, the emotional burden may be overwhelming, potentially leading to the child being an uncooperative or unwilling participant in the process. - Additionally, if the penalty for aggravated felonious sexual assault against a child under age 13 is the same (death) as it would be for murdering the child, it may increase the risk that the perpetrator will kill the child. - Death is irreversible. There have been multiple instances where people on death row, and even individuals who have been executed for capital offenses have later been found to be innocent. That is a mistake that we should not be willing to risk. - This bill will be costly. The Judicial Branch stated that in 2024 this law could have applied to up 288 cases and noted “death penalty litigation requires substantial court resources …”. They estimate costs of “between $1,000,000 to $5,000,000 per year depending on the number of cases filed.” Based on historical data, and depending on the number of cases and appeals, the Council estimated that the bill could cost “at least $2,500,000 per year”. To fund this bill, cuts in other spending will have to be made. I can think of many, many better ways to spend those multiple millions of dollars (funding law enforcement actions to prevent violent crimes and/or to solve crimes, adequately funding public education, making necessary infrastructure improvements across the state, etc.). Please vote to recommend HB 1737-FN inexpedient to legislate. Thank you in advance for your consideration of my input. Respectfully, Bonnie Dunham