Criminal Justice (Probation & Parole)

HB 1749 reinstates the death penalty as a sentencing option for capital murder, first-degree murder, and second-degree murder in New Hampshire, replacing mandatory life imprisonment without parole. The bill amends statutes (RSA 630:1, 630:1-a, and 630:1-b) to allow courts to impose death instead of life sentences for these offenses. It also establishes a formal process requiring prosecutors to file notice of intent to seek the death penalty, specify aggravating factors, and hold a separate sentencing hearing where juries weigh aggravating and mitigating evidence. This bill directly affects defendants convicted of the specified murder charges in New Hampshire courts.

HB 1413 would reinstate the death penalty as a sentencing option for individuals convicted of capital murder in New Hampshire, replacing the current requirement of life imprisonment without parole. The bill amends RSA 630:1, III to allow courts to impose the death penalty in such cases, effective January 1, 2027. This change directly affects defendants found guilty of capital murder, who would now face the possibility of execution instead of mandatory life without parole. The bill does not alter the definition of capital murder but modifies sentencing authority for these specific offenses.