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1 Short Title. This act may be known as and cited to as the "Capital Offenses Against Children Act."
2 Legislative Findings. The 2019 abolition of the death penalty in New Hampshire abandoned the mandate that civil government wield the sword against evil in the most terrible cases of criminality. This act restores justice by reinstating capital punishment solely for the most heinous crimes against minors under 13 years of age.
3 Chapter Name Change. Amend the chapter heading of RSA 630 to read as follows:
HOMICIDE
4 New Section; Capital Offenses Against a Child. Amend RSA 630 by inserting after section 1-b the following new section:
630:1-c Capital Offenses Against a Child.
I. "Capital offense against a child" means:
(a) First-degree murder as defined in RSA 630:1-a where the victim was under 13 years of age;
(b) Second-degree murder as defined in RSA 630:1-b where the victim was under 13 years of age; or
(c) Aggravated felonious sexual assault as defined in RSA 632-A:2 involving sexual penetration where the victim is under 13 years of age.
II. Notwithstanding any other penalty prescribed by law, any person found guilty of a capital offense against a child, who was 18 years of age or older at the time of the offense, shall be sentenced to death. No mitigating or aggravating circumstances may alter this sentence.
5 New Section; Procedure in Capital Offense Against Child Cases. Amend RSA 630 by inserting after section 5 the following new section:
630:5-a Procedure for Capital Offenses Against a Child.
I. Upon conviction of a capital offense against a child, the court shall impose the death penalty by hanging, or by any other method deemed humane and expeditious by the commissioner of corrections.
II. Appeals shall be expedited and limited to claims of evidentiary errors or constitutional violations directly related to the guilt phase. No appeals based on proportionality, mercy, or sentencing discretion shall be permitted. The supreme court shall resolve all appeals within one year of conviction.
III. The family of the victim shall have the right to provide input during sentencing, including statements on the impact of the crime.
6 Applicability. This section shall apply prospectively to offenses committed after the effective date of this act and shall not apply to offenses committed prior.
7 Effective Date. This act shall take effect 60 days after its passage.
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1 Short Title. This act may be known as and cited to as the "Capital Offenses Against Children Act."
2 Legislative Findings. The 2019 abolition of the death penalty in New Hampshire abandoned the mandate that civil government wield the sword against evil in the most terrible cases of criminality. This act restores justice by reinstating capital punishment solely for the most heinous crimes against minors under 13 years of age.
3 Chapter Name Change. Amend the chapter heading of RSA 630 to read as follows:
HOMICIDE AND CAPITAL OFFENSES
4 New Section; Capital Offenses Against a Child. Amend RSA 630 by inserting after section 1-b the following new section:
630:1-c Capital Offenses Against a Child.
I. "Capital offense against a child" means:
(a) First-degree murder as defined in RSA 630:1-a where the victim was under 13 years of age;
(b) Second-degree murder as defined in RSA 630:1-b where the victim was under 13 years of age; or
(c) Aggravated felonious sexual assault as defined in RSA 632-A:2 involving sexual penetration where the victim is under 13 years of age.
II. Notwithstanding any other penalty prescribed by law, any person found guilty of a capital offense against a child, who was 18 years of age or older at the time of the offense, shall be sentenced to death. No mitigating or aggravating circumstances may alter this sentence.
5 New Section; Procedure in Capital Offense Against Child Cases. Amend RSA 630 by inserting after section 5 the following new section:
630:5-a Procedure for Capital Offenses Against a Child.
I. Upon conviction of a capital offense against a child, the court shall impose the death penalty by hanging, or by any other method deemed humane and expeditious by the commissioner of corrections.
II. Appeals shall be expedited and limited to claims of evidentiary errors or constitutional violations directly related to the guilt phase. No appeals based on proportionality, mercy, or sentencing discretion shall be permitted. The supreme court shall resolve all appeals within one year of conviction.
III. The family of the victim shall have the right to provide input during sentencing, including statements on the impact of the crime.
6 Applicability. This section shall apply prospectively to offenses committed after the effective date of this act and shall not apply to offenses committed prior.
7 Effective Date. This act shall take effect 60 days after its passage.