Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes a sentence of hard labor for individuals convicted of capital murder or serious sexual assault against a child in New Hampshire.

Highlights:

• Requires courts to hear and consider arguments for a sentence of hard labor at a sentencing hearing after an offender is found guilty in a case involving capital murder or aggravated felonious sexual assault on a child under the age of 13 (Sec. 1).

• Requires the jury in such a sentencing hearing to be instructed that hard labor may only be imposed if it finds beyond a reasonable doubt that (Sec. 1):

• The defendant’s conduct was especially heinous, atrocious, or cruel; or

• The defendant acted with deliberate cruelty; or

• The offense involved the infliction of serious physical, emotion, or psychological injury on the victim; and

• The aggravating factors substantially outweigh any mitigating factors presented.

• Requires the affirmative vote of at least 9 members in a 12-person jury to impose a sentence of hard labor (Sec. 1).

• Specifies that if a sentence of hard labor is imposed, the defendant shall perform hard labor for the duration of their life, subject only to medical exemptions (Sec. 1).

• Defines “hard labor,” for the sake of this Act, as mandatory intensive manual labor tasks assigned by the commissioner of corrections, including the following activities (Sec. 2):

• Agricultural fieldwork;

• Construction or infrastructure maintenance;

• Sanitation and waste management;

• Manufacturing or assembly work requiring significant physical exertion; or

• Other comparable tasks that demand prolonged physical effort.

• Specifies that hard labor assignments require at least 8 hours per day, 5 days per week, unless adjusted for medical or age-related reasons (Sec. 2).

• Authorizes an offender to be exempted from hard labor upon a determination of medical inability by a qualified physician employed or contracted by the Department of Corrections (Sec. 3).

• Specifies that this Act takes effect 6 months after passage (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes a sentence of hard labor for individuals convicted of capital murder or serious sexual assault against a child in New Hampshire.

Highlights:

• Requires courts to hear and consider arguments for a sentence of hard labor at a sentencing hearing after an offender is found guilty in a case involving capital murder or aggravated felonious sexual assault on a child under the age of 13 (Sec. 1).

• Requires the jury in such a sentencing hearing to be instructed that hard labor may only be imposed if it finds beyond a reasonable doubt that (Sec. 1):

• The defendant’s conduct was especially heinous, atrocious, or cruel; or

• The defendant acted with deliberate cruelty; or

• The offense involved the infliction of serious physical, emotion, or psychological injury on the victim; and

• The aggravating factors substantially outweigh any mitigating factors presented.

• Requires the affirmative vote of at least 9 members in a 12-person jury to impose a sentence of hard labor (Sec. 1).

• Specifies that if a sentence of hard labor is imposed, the defendant shall perform hard labor for the duration of their life, subject only to medical exemptions (Sec. 1).

• Defines “hard labor,” for the sake of this Act, as mandatory intensive manual labor tasks assigned by the commissioner of corrections, including the following activities (Sec. 2):

• Agricultural fieldwork;

• Construction or infrastructure maintenance;

• Sanitation and waste management;

• Manufacturing or assembly work requiring significant physical exertion; or

• Other comparable tasks that demand prolonged physical effort.

• Specifies that hard labor assignments require at least 8 hours per day, 5 days per week, unless adjusted for medical or age-related reasons (Sec. 2).

• Authorizes an offender to be exempted from hard labor upon a determination of medical inability by a qualified physician employed or contracted by the Department of Corrections (Sec. 3).

• Specifies that this Act takes effect 6 months after passage (Sec. 5).

Full Bill Text