HB 147-FN – FINAL VERSION
HOUSE BILL 147-FN
This bill provides that a person is guilty of capital murder if he or she knowingly causes the death of another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT making the commission of certain offenses punishable under the capital murder statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
222:1 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 and proportionately 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, and has determined and found that it will enhance, the potential for prevention of such acts 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.
222:2 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)[
(g) Another, who is licensed or privileged to be within an occupied structure, or separately secured or occupied section thereof, before, after, or while in the commission of, or while attempting to commit, burglary as defined in RSA 635:1.
222:3 Effective Date. This act shall take effect July 1, 2011.
Approved: June 28, 2011
Effective Date: July 1, 2011