This bill establishes a mandatory minimum sentence of 10 years to life imprisonment for anyone who distributes certain controlled drugs (including methamphetamine, PCP, and other Schedule I or II drugs) when death results from the person's use of those substances. It requires that the death must be directly caused by the injection, inhalation, or ingestion of the distributed drug, and prohibits using the decedent's own drug use as a defense. The bill amends the Controlled Drug Act to create this mandatory sentence, clarifying it applies when the distributor's actions are a direct cause of death. It does not prevent other prosecutions for homicide or related drug offenses. The bill would take effect on January 1, 2026.
SB 149 adds "wrong-way driving" as an aggravating factor that elevates a standard driving while intoxicated (DWI) offense to an aggravated DWI. This means drivers convicted of DWI who also drive the wrong way on a road (violating RSA 265:26, I) will face harsher penalties. The bill amends New Hampshire's aggravated DWI statute (RSA 265-A:3) to include this specific violation as a new factor for sentencing. It takes effect January 1, 2026, and directly affects individuals convicted of DWI who engage in wrong-way driving. The change was requested by the Department of Safety to address a specific high-risk behavior.
HB 257 establishes a new criminal offense called "criminal neglect of a child" for caregivers (such as parents or guardians) who negligently fail to provide necessary care - including food, medical care, shelter, or protection from drugs - for reasons other than poverty, thereby endangering a child's physical, mental, or emotional health. Penalties range from a class A misdemeanor for basic violations to a class A felony if the neglect causes a child's death, serious injury, or repeat offenses. The law applies to anyone responsible for a child's welfare and will take effect on January 1, 2026. It also updates sentencing guidelines to include this offense for crimes against children under 13.
HB 1423 expands New Hampshire's "improper influence" law to include threats against the immediate family members (spouses, children, parents, siblings, or household members) of public servants, party officials, or voters. It makes threatening harm to these family members a class B felony, imposing mandatory minimum penalties: at least one year in prison and $1,000 in fines for each person threatened. These penalties must be served consecutively for multiple victims and cannot be reduced or suspended. The bill directly affects individuals who attempt to influence public officials' decisions through coercion targeting their families, with no direct state or local cost impact noted.
SB 553 increases penalties for drivers who willfully attempt to evade law enforcement by speeding, turning off headlights while moving, or abandoning their vehicle during a chase. Offenders will face a mandatory 5-day jail term (with no probation or deferred sentencing) and a driver's license suspension of at least six months. This law directly affects individuals who use these specific tactics to avoid police pursuit. The bill takes effect January 1, 2027.
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 1547 requires defendants charged with specific misdemeanors - including misdemeanor sexual assault involving minors, class A misdemeanor assault, and misdemeanor stalking - to choose within 30 days of arraignment: either appeal to superior court for a jury trial or proceed in circuit court with a waived right to a jury trial. Circuit courts cannot move forward with a trial under the waiver option without confirming the defendant knowingly and voluntarily gave up their jury trial right through a court discussion. The bill applies only to these three offense types and modifies existing appeal rules to clarify that superior courts handle jury trial appeals for these cases. It does not change sentencing or create new costs, as noted in the fiscal impact statement.
SB 467 increases penalties for fentanyl distribution by establishing mandatory minimum prison sentences: 3.5 years for 20 grams or more and 7 years for 50 grams or more (including mixtures). It also mandates a life sentence or long prison term for distributing non-fentanyl controlled drugs that cause death. Courts may reduce these sentences if defendants meet specific conditions, such as having no recent violent felony convictions, not using violence, and completing drug treatment or education. If reduced, defendants must serve at least 3 years of probation with drug testing, treatment, community service, and a suspended prison sentence.
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.
