NH HB1749

Reinstates the death penalty in New Hampshire for capital murder, first degree murder, and second degree murder convictions, expanding death-eligible offenses beyond the previously repealed capital murder statute

Allows courts to impose death, life imprisonment without parole, or any other prison term the court orders when the death penalty is not imposed, replacing mandatory life sentences

Requires the state to file notice before trial if seeking the death penalty, specifying aggravating factors such as prior convictions, premeditation, victim vulnerability, or especially heinous conduct

Maintains existing procedural requirements including separate sentencing hearings, jury consideration of aggravating and mitigating factors, automatic Supreme Court review, and execution by lethal injection

Estimated fiscal impact of $0 to $3,500,000 annually starting FY 2027, including $500,000 to $1,000,000 for Judicial Branch staffing and $1,000,000 to $2,500,000 for indigent defense costs