HB 1638-FN – AS INTRODUCED
2010 SESSION
04/09
HOUSE BILL 1638-FN
AN ACT relative to convictions for capital offenses.
SPONSORS: Rep. Gidge, Hills 24
COMMITTEE: Criminal Justice and Public Safety
This bill establishes conditions under which the state may impose punishment by death for capital murder.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2115
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to convictions for capital offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Capital Murder. Amend RSA 630:1, III to read as follows:
III.(a) A person convicted of a capital murder may be punished by death, until the earlier of the following occurs:
(1) The expiration of 7 years from the date punishment by death was imposed; or
(2) Certification provided by the attorney general to the sentencing court that the state has expended funds in excess of $2,000,000 in post-death sentence legal expenses related to the case.
(b) On or after the occurrence of the earlier of the 2 conditions set forth in subparagraph III(a), the state shall not impose punishment by death, and a person convicted of capital murder shall be sentenced to life imprisonment without the possibility of parole.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2115
12/15/09
HB 1638-FN - FISCAL NOTE
AN ACT relative to convictions for capital offenses.
FISCAL IMPACT:
The Department of Justice and Department of Corrections state this bill may have an indeterminable fiscal impact on state expenditures in FY 2011 and each year thereafter. This bill would have no fiscal impact on state, county and local revenue, or county and local expenditures.
METHODOLOGY:
The Department of Justice states this bill would impose time and/or monetary limits on the execution of death sentences. It would prohibit the execution of a death sentence if seven years elapses from the date of sentencing, or the attorney general certifies that the State has expended in excess of $2,000,000 in post-death sentence legal expenses, whichever is earlier. The Department has not yet handled a death penalty appeal to completion, and therefore cannot estimate the legal costs of such appeals. However, death penalty appeals typically extend beyond seven years. Any legal expenses that would have otherwise been incurred if the time limit were not in place would constitute a savings to the state. The Department is unable to determine the exact fiscal impact at this time.
The Department of Corrections states the experience of the state with individuals convicted of capital murder is limited. The last execution for capital murder in New Hampshire was 70 years ago. The current offenders sentenced to death were sentenced in the last few years and thus the time between sentencing and execution is unknown. For these reasons, the Department is unable to predict the impact on offenders subject to this legislation. The Department states the average annual cost of incarcerating an individual in the general prison population for FY 2009 was $33,110.
The Judicial Branch and Judicial Council state this bill would have no fiscal impact on their respective entities.