HB277: relative to an extended term of imprisonment for manslaughter and relative to jury findings which warrant an extended term of imprisonment.

CHAPTER 33

HB 277-FN - FINAL VERSION

13mar03... 0623h

17apr03... 1292eba

2003 SESSION

03-0088

04/09

HOUSE BILL 277-FN

AN ACT relative to an extended term of imprisonment for manslaughter and relative to jury findings which warrant an extended term of imprisonment.

SPONSORS: Rep. Knowles, Straf 69; Rep. Welch, Rock 79; Rep. Stevens, Carr 7

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows for an extended term of imprisonment for the crime of manslaughter and requires that the circumstances which warrant an extended term of imprisonment shall be based on jury findings beyond a reasonable doubt.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13mar03... 0623h

17apr03... 1292eba

03-0088

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to an extended term of imprisonment for manslaughter and relative to jury findings which warrant an extended term of imprisonment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

33:1 Extended Term of Imprisonment. RSA 651:6 is repealed and reenacted to read as follows:

651:6 Extended Term of Imprisonment.

I. A convicted person may be sentenced according to paragraph III if the jury also finds beyond a reasonable doubt that such person:

(a) Based on the circumstances for which he or she is to be sentenced, has knowingly devoted himself or herself to criminal activity as a major source of livelihood;

(b) Has been subjected to a court-ordered psychiatric examination on the basis of which the jury finds that such person is a serious danger to others due to a gravely abnormal mental condition;

(c) Has manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of the crime;

(d) Has committed a felony involving the use of force against a person with the intention of taking advantage of the victim's age or physical disability;

(e) Has committed or attempted to commit any of the crimes defined in RSA 631 or 632-A against a person under 13 years of age;

(f) Was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation as defined in RSA 21:49, national origin or sex;

(g) Has knowingly committed or attempted to commit any of the crimes defined in RSA 631 where he or she knows the victim was, at the time of the commission of the crime, a law enforcement officer acting in the line of duty;

(h) Was an on-duty law enforcement officer at the time that he or she committed or attempted to commit any of the crimes defined in RSA 631;

(i) Has committed a crime listed in RSA 193-D:1 in a safe school zone under RSA 193-D;

(j) Possesses a radio device with the intent to use that device in the commission of robbery, burglary, theft, gambling, stalking, or a violation of any provision of RSA 318-B. In this section, the term "radio device" means any device capable of receiving a wireless transmission on any frequency allocated for law enforcement use, or any device capable of transmitting and receiving a wireless transmission; or

(k) Has committed or attempted to commit negligent homicide as defined in RSA 630:3, I against a person under 13 years of age who was in the care of, or under the supervision of, the defendant at the time of the offense.

I-a. As used in this section, a "law enforcement officer" is a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, a juvenile probation and parole officer, or a conservation officer.

II. A convicted person may be sentenced according to the terms of paragraph III if the court finds, and includes such findings in the record, that such person:

(a) Has twice previously been convicted in this state, or in another jurisdiction, on sentences in excess of one year;

(b) Has previously been convicted of a violation of RSA 630:3, II, RSA 265:82-a, I(b) or II(b), or any crime in any other jurisdiction involving driving a motor vehicle under the influence of controlled drugs or intoxicating liquors, or both, and such person has committed a crime as defined under RSA 630:3, II or RSA 265:82-a, I(b) or II(b); or

(c) Has twice previously been convicted in this state or any other jurisdiction, for driving a motor vehicle under the influence of intoxicating liquors or controlled drugs, or both, and such person has committed a crime as defined under RSA 630:3, II or RSA 265:82-a, I(b) or II(b).

III. If authorized by paragraph I or II, and if notice of the possible application of this section is given the defendant prior to the commencement of trial, a defendant may be sentenced to an extended term of imprisonment. An extended term is, for a person convicted of:

(a) Any felony, other than murder or manslaughter, a minimum to be fixed by the court of not more than 10 years and a maximum to be fixed by the court of not more than 30 years;

(b) A misdemeanor, a minimum to be fixed by the court of not more than 2 years and a maximum to be fixed by the court of not more than 5 years;

(c) Manslaughter, a minimum to be fixed by the court of not more than 20 years and a maximum to be fixed by the court of not more than 40 years;

(d) Murder, life imprisonment;

(e) Two or more offenses under RSA 632-A:2, life imprisonment without parole;

(f) A third offense under RSA 632-A:3, life imprisonment;

(g) A class A felony under RSA 632-A:2, I(l) and a subsequent separate offense under RSA 632-A:2, I(l), a minimum to be fixed by the court of not less than 15 years and a maximum of life imprisonment without parole; or

(h) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year.

33:2 Effective Date. This act shall take effect January 1, 2004.

(Approved: May 2, 2003)

(Effective Date: January 1, 2004)