SB 472-FN – AS INTRODUCED
2010 SESSION
04/03
SENATE BILL 472-FN
AN ACT making the commission of certain murders eligible for the death penalty.
SPONSORS: Sen. Roberge, Dist 9; Sen. Letourneau, Dist 19; Sen. Barnes, Jr., Dist 17; Sen. Downing, Dist 22; Sen. Bradley, Dist 3; Sen. Bragdon, Dist 11; Rep. W. O'Brien, Hills 4; Rep. Mead, Hills 4; Rep. L'Heureux, Hills 19; Rep. Welch, Rock 8; Rep. F. Holden, Hills 4
This bill expands the definition of capital murder to include to include purposely causing the death of another while in another’s residence, or attempting to enter another’s residence, or after having been in another’s residence without invitation or right.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2716
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT making the commission of certain murders eligible for the death penalty.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Purpose. The legislature finds and declares that:
I. The purposes of the criminal justice system include providing an organized means for achieving justice so that individuals do not need or feel compelled to seek justice on their own; and
II. It is in the interest of the community to ensure that all know justice for personal wrongs committed against them may be achieved through the criminal justice system and that the state has criminal sanctions that properly respond to the acts being sanctioned; and
III. Protection of law-abiding residents in their homes may be promoted in part by the state imposing sanctions that are commensurate with the wrongs committed by criminals who would invade the homes of others; and
IV. An additional purpose of the criminal justice system is to protect law-abiding residents of the state from the violence of others, particularly in their homes whether they are alone or with family, and deserving of a place of respite and safety; and
V. In order to realize these purposes and address community interest, the legislature has determined that there is a need to increase the sanction for such home invasions which are perpetrated with the intent to commit murder. In doing so, the legislature intends to enhance the potential for prevention of such acts, including both by those who have committed them and may murder again, as well as by others who may contemplate such acts, while at the same time vindicating the community’s belief in justice and the legitimacy of the criminal justice system when adjudicating the worst of crimes; and
VI. In response to recent incidents involving home invasions in which the intent of those committing such invasions is to murder the occupants and in which deaths of occupants have resulted, and in response to the October 4, 2009 murder of Kimberly L. Cates of Mont Vernon, the legislature declares this act to be known as The Kimberly L. Cates Law.
2 Homicide; Capital Murder. Amend RSA 630:1, I(f) to read as follows:
(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)[.] ;
3 New Subparagraph; Homicide; Capital Murder. Amend RSA 630:1, I by inserting after subparagraph (f) the following new subparagraph:
(g) Another purposely, while in another’s residence, or attempting to enter another’s residence, or after having been in another’s residence without invitation or right.
4 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2716
12/31/09
SB 472-FN - FISCAL NOTE
AN ACT making the commission of certain murders eligible for the death penalty.
FISCAL IMPACT:
The Judicial Branch, Department of Justice, and Department of Corrections state this bill may increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. The Judicial Council states there may be increased state, county and local expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will add to RSA 630:1 (the capital murder statute) the additional circumstances which may be prosecuted as a capital murder: murder of a person while in that person’s residence, attempting to enter that person’s residence, or after having been in that person’s residence without invitation or right. The Branch states capital murder is classified as a complex felony. The Branch states the average cost of a complex felony case is $661.17 in FY 2011 and each year thereafter. Capital murder cases are more expensive to the criminal justice system due to more hearings, the addition of the penalty phase, the need for increased security and the prospect of multiple appeals. The Branch has no information to predict how many capital murder cases would result due to this bill but states one capital murder case would have a fiscal impact in excess of $10,000.
The Judicial Council states this bill has the possibility to increase the number of capital murder cases. The Council states that many of the 20-30 homicides committed each year in the State would fall under the definition contained in this bill. The Council states the defense and prosecution of capital murder cases may cost the State in excess of $5 million a year. The Council does not have the information to determine how many capital murder cases this bill will generate to determine how significantly expenditures will increase. The Council also stated there may be increased costs for state and local police related to investigating death penalty cases and increased costs for the counties related to the need for increased security in the superior courts.
LBAO
10-2716
12/31/09
The Department of Justice is responsible for prosecuting capital murder cases. The Department states the resources required to prosecute a capital murder case vary significantly depending on the nature and complexity of the facts and circumstances, the extent of forensic evidence required to prove the case, the extent to which out-of-state investigation must occur, as well as other factors. The Department states this bill will result in increased cases being brought as capital murder cases but due to the varying factors associated with capital murder cases the increased costs cannot be determined. The Department states since 2007, 2 to 3 cases a year would have constituted capital murder as defined by this bill.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.