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HB 1749 · 2026 · House · Criminal Justice and Public Safety Committee

Reinstating the death penalty

AI-generated

reinstating the death penalty for murder offenses.

Allows courts to impose the death penalty for capital murder and first- and second-degree murder, while also permitting a sentence of life imprisonment or another term set by the court.AI-generated

Status

Killed in the House — Inexpedient to Legislate · February 19, 2026
  1. ✓Introduced
  2. ✕House
  3. Senate
  4. Governor
  5. Law

Analysis

This bill allows the death penalty for capital murder and for first degree and second degree murder. The bill further authorizes the court, in cases where the death penalty is not imposed, to sentence the defendant to life in prison or any other term that the court orders.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site

“Whenever the state intends to seek the sentence of death for the offense of [capital] murder, the attorney for the state, before trial or acceptance by the court of a plea of guilty, shall file with the court and serve upon the defendant, a notice:”
RSA 630:5
“The court may permit the attorney for the state to amend this notice for good cause shown.”
RSA 630:5
“A jury impaneled under subparagraph (b) shall consist of 12 members, unless at any time before the conclusion of the hearing, the parties stipulate with the approval of the court that it shall consist of any number less than 12.”
RSA 630:5
“When a defendant is found guilty of or pleads guilty to the offense of [capital] murder, no presentence report shall be prepared.”
RSA 630:5

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Seth KingRPrimeClerk· Environment and Agriculture
  • Rep. John PotucekRVice Chair· Commerce and Consumer Affairs
  • Rep. Judy AronRChair· Environment and Agriculture
  • Rep. Wayne MacDonaldRChair· Health, Human Services and Elderly Affairs
  • Rep. JD BernardyRClerk· Science, Technology and Energy
  • Rep. Dan McGuireRVice Chair· Finance

Also: Rep. Steven KesselringR, Rep. Tom DolanR, Rep. Laurence MinerR, Rep. Dick ThackstonR

Public testimony

941 signed in online · 341 wrote testimony

1% support99% oppose0% neutral

ForExpressions of support for reinstating the death penalty

AgainstDeath penalty does not deter crime

AI-generatedLeading arguments, summarized by the testimony tool.

Read the arguments

In their wordsVerbatim, exactly as submitted

“The death penalty does not prevent crime / murder, is expensive and vindictive. In our flawed justice system, one innocent put to death is too many.”
— Gregory Davis, Salemsupports
“I am writing to speak against reinstating the death penalty in New Hampshire – not just from an economic standpoint (which study after study proves), but from a moral standpoint (which story after story proves). I want to share one such story.…”
— John Sawyer, Manchester · The Presbyterian Church (USA)opposes
“The Government has no right to take a life. The death penalty does not reduce crime and it is very costly. Life without chance of parole is a much worse punishment.”
— Donna Coriaty, Doveropposes
“My name is Chris Potter, an Episcopal deacon and President of the NH Council of Churches.…”
— The Rev. Chris Potter, Manchesteropposes
“I suggest adding SAU mis/mal/nonfeasance to the list. These folks do much more damage than the casual murderer and would really deter institutional crime.”
— tom luther, claremontneutral

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Feb 4, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate13–0
    Overall
    100% yea
  • Feb 19, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Jan 14, 2026Public hearingHouse Criminal Justice and Public Safety5:48:10–5:49:251m 15slocated in the stream transcript==RECESSED== Public Hearing
  • Jan 23, 2026Public hearingHouse Criminal Justice and Public Safety1:39–32:5931m 20slocated in the stream transcript==CONTINUED== Public Hearing
  • Feb 4, 2026Public hearingHouse Criminal Justice and Public Safety2:19:38–2:20:521m 14slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Executive Session
  • Feb 19, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Criminal Justice and Public Safety HJ 1 P. 34
  2. Jan 14, 2026House==RECESSED== Public Hearing: 01/14/2026 02:30 pm GP 159
  3. Jan 23, 2026House==CONTINUED== Public Hearing: 01/23/2026 10:00 am GP 159
  4. Feb 4, 2026HouseExecutive Session: 02/04/2026 10:00 am GP 159
  5. Feb 4, 2026House: Inexpedient to Legislate 02/04/2026 (Vote 13-0; CC) HC 7 P. 8
  6. Feb 19, 2026HouseInexpedient to Legislate: MA VV 02/19/2026 HJ 5 P. 11

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.