HB 37 – AS INTRODUCED
2009 SESSION
04/01
HOUSE BILL 37
AN ACT relative to the penalty for using a gun in the commission of a felony.
SPONSORS: Rep. Burridge, Ches 3
COMMITTEE: Criminal Justice and Public Safety
This bill provides for death by firing squad for causing the death of another by the use of a firearm, while engaged in the commission of a felony.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0024
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the penalty for using a gun in the commission of a felony.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Homicide; Capital Murder. Amend RSA 630:1, I to read as follows:
I. A person is guilty of capital murder if he or she knowingly causes the death of:
(a) A law enforcement officer or a judicial officer acting in the line of duty or when the death is caused as a consequence of or in retaliation for such person’s actions in the line of duty;
(b) Another before, after, while engaged in the commission of, or while attempting to commit kidnapping as that offense is defined in RSA 633:1;
(c) Another by criminally soliciting a person to cause said death or after having been criminally solicited by another for his personal pecuniary gain;
(d) Another after being sentenced to life imprisonment without parole pursuant to RSA 630:1-a, III;
(e) Another before, after, while engaged in the commission of, or while attempting to commit aggravated felonious sexual assault as defined in RSA 632-A:2;
(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, by the use of a firearm, while engaged in the commission of a felony.
2 Homicide; Procedure in Capital Murder. Amend RSA 630:5, XV to read as follows:
XV.(a) Except as provided in subparagraph (b), an execution carried out by lethal injection shall be performed by a person selected by the commissioner of the department of corrections and trained to administer the injection. The person administering the injection need not be a physician, registered nurse, or licensed practical nurse, licensed or registered under the laws of this or any other state.
(b) When the penalty of death is imposed, the punishment for a defendant convicted under RSA 630:1, I(g) shall be execution by firing squad. If execution by firing squad is to be carried out, the commissioner of the department of corrections or designee shall select a 5-person firing squad of peace officers. The commissioner or designee shall ensure that the method of judgment of death specified in the warrant is carried out at a secure correctional facility operated by the department at an hour determined by the department on the date specified in the warrant. Compensation for firing squad members shall be in an amount determined by the commissioner of the department of corrections.
3 Effective Date. This act shall take effect January 1, 2010.