HB 1706-FN – AS INTRODUCED

2012 SESSION

12-2357

04/09

HOUSE BILL 1706-FN

AN ACT expanding the applicability of the capital murder statute.

SPONSORS: Rep. Terrio, Hills 14; Rep. Notter, Hills 19; Rep. LeBrun, Hills 26; Rep. Peterson, Hills 19

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill expands the death penalty statute to additional circumstances involving homicide.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2357

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT expanding the applicability of the capital murder statute.

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

1 Capital Murder. Amend RSA 630:1, I to read as follows:

I. A person is guilty of capital murder if he or she knowingly causes the death of:

(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person’s actions in the line of duty;

(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1, or robbery as that offense is defined in RSA 636:1;

(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his or her personal pecuniary gain;

(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;

(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;

(f) Another before, after, while engaged in the commission of, or while attempting to commit an offense punishable under RSA 318-B:26, I(a) or (b); [or]

(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1; or

(h) Another under circumstances that are especially heinous, cruel, or depraved or that involve torture or serious physical abuse to the victim; or

(i) More than one person while engaged in the commission of or attempting to commit any criminal act.

2 Effective Date. This act shall take effect January 1, 2013.

LBAO

12-2357

01/03/12

HB 1706-FN - FISCAL NOTE

AN ACT expanding the applicability of the capital murder statute.

FISCAL IMPACT:

METHODOLOGY: