Revision: Jan. 1, 2008, midnight
HB 1180 – AS AMENDED BY THE HOUSE
05Mar2008… 0708h
2008 SESSION
09/04
HOUSE BILL 1180
AN ACT relative to the definitions of “law enforcement officer” and “judicial officer” under the capital murder law and establishing a commission to study the death penalty in New Hampshire.
SPONSORS: Rep. Emerton, Hills 7; Rep. Welch, Rock 8; Rep. W. Knowles, Straf 6; Rep. Mooney, Hills 19; Rep. Shurtleff, Merr 10; Sen. Letourneau, Dist 19
COMMITTEE: Criminal Justice and Public Safety
This bill includes bailiffs, court security officers and criminal justice and consumer protection investigators in the definition of “law enforcement officer” under the capital murder law. This bill also clarifies that family division judges are included in the definition of “judicial officer” under the capital murder law.
This bill also establishes a commission to study the death penalty in New Hampshire.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0708h
08-2139
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the definitions of “law enforcement officer” and “judicial officer” under the capital murder law and establishing a commission to study the death penalty in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Capital Murder; Definitions. Amend RSA 630:1, II and II-a to read as follows:
II. As used in this section, a “law enforcement officer” is a sheriff or deputy sheriff of any county, a bailiff or court security officer, a state police officer, a criminal justice or consumer protection investigator, a constable or police officer of any city or town, an official or employee of any prison, jail or corrections institution, a probation-parole officer, or a conservation officer.
II-a. As used in this section, a “judicial officer” is a judge of a district, probate, family division, superior or supreme court; an attorney employed by the department of justice or a municipal prosecutor’s office; or a county attorney; or attorney employed by the county attorney.
2 Commission Established. There is established a commission to study the death penalty in New Hampshire.
3 Membership and Compensation.
I. The commission shall be composed of 15 members. Appointments shall reflect the diversity of the population of New Hampshire. The members of the commission shall be as follows:
(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The attorney general, or designee.
(d) The New Hampshire public defender, or designee.
(e) The president of the New Hampshire Bar Association, or designee.
(f) One representative of the county attorneys affiliate of the New Hampshire Association of Counties, appointed by such association.
(g) One representative of the New Hampshire Association of Criminal Defense Lawyers, appointed by such association.
(h) One representative of the New Hampshire Association of Chiefs of Police, appointed by such association.
(i) Five public members appointed by the governor, representing families of murder victims, religious and ethical organizations, and associations and organizations with concerns and goals related to the death penalty.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
4 Duties. The commission shall study:
I. Whether the death penalty rationally serves a legitimate penological intent such as deterrence.
II. Whether the death penalty is consistent with evolving standards of decency.
III. Whether the selection of defendants in New Hampshire for capital trials is arbitrary, unfair, or discriminatory in any way.
IV. Whether there is a significant difference in the crimes of those selected for the punishment of death as opposed to those who receive life in prison.
V. Whether the penological interest in executing anyone convicted of murder is sufficiently compelling that the risk of an irreversible mistake is acceptable.
VI. Whether alternatives to the death penalty exist that would sufficiently ensure public safety and address other legitimate social and penological interests, including the interests of families of victims.
VII. Whether there is a significant difference in the cost of prosecution of a first degree murder charge when the penalty is life without parole as compared with a death penalty conviction and execution.
VIII. Any other issues relevant to the death penalty in New Hampshire.
5 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section.
6 Report. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2009.
7 Effective Date.
I. Section 1 of this act shall take effect January 1, 2009.
II. The remainder of this act shall take effect upon its passage.