Bill Text: NH SB15 | 2025 | Regular Session | Amended

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Bill Title: Relative to establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2025-01-30 - Ought to Pass with Amendment #2025-0165s, Regular Calendar 14Y-9N, Motion Adopted; OT3rdg; 01/30/2025; Senate Journal 4 [SB15 Detail]

Download: New_Hampshire-2025-SB15-Amended.html

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SB 15-FN - AS AMENDED BY THE SENATE

 

01/30/2025   0165s

2025 SESSION

25-0229

09/06

 

SENATE BILL 15-FN

 

AN ACT relative to establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

 

SPONSORS: Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Lang, Dist 2; Sen. Birdsell, Dist 19; Sen. Avard, Dist 12; Sen. Abbas, Dist 22; Rep. Litchfield, Rock. 32; Rep. Khan, Rock. 30; Rep. Vose, Rock. 5; Rep. L. Walsh, Rock. 15; Rep. Bernardy, Rock. 36

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill sets a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/30/2025   0165s 25-0229

09/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

 

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

 

1  Controlled Drug Act; Penalties.  Amend RSA 318-B:26, IX to read as follows:

IX. Any person who manufactures, sells, or dispenses methamphetamine, lysergic acid[,] diethylamide (LSD), phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof, in violation of RSA 318-B:2, I or I-a, excluding any fentanyl class drug, including any adulterants or dilutants, is strictly liable for a death which results from the injection, inhalation, or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order. Any person who manufactures, sells, or dispenses a fentanyl class drug, including any adulterants or dilutants, in violation of RSA 318-B:2, I or I-a, is strictly liable for a death which results from the injection, inhalation, or ingestion of that substance, and may be sentenced to imprisonment for life or for such term as the court may order, except that such term shall not be less than 10 years of imprisonment.  For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:

(a) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and

(b) The death was not:

(1) Too remote in its occurrence as to have just bearing on the person's liability; or

(2) Too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect, as to have a just bearing on the person's liability. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by his consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any prosecution for homicide. A conviction arising under this section shall not merge with a conviction of one as a drug enterprise leader or for any other offense defined in this chapter.

2  Effective Date.  This act shall take effect January 1, 2026.

 

LBA

25-0229

12/3/24

 

SB 15-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to establishing a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.

 

FISCAL IMPACT:  

Estimated State Impact
		FY 2025	FY 2026		FY 2027	FY 2028
Revenue		$0	$0		$0	$0
Revenue Fund		None
Expenditures*		Indeterminable
Funding Source		General Fund
Appropriations*		$0	$0		$0	$0
Funding Source		None
*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill
Estimated Political Subdivision Impact
		FY 2025	FY 2026		FY 2027	FY 2028
County Revenue		$0	$0		$0	$0
County Expenditures		Indeterminable
Local Revenue		$0	$0		$0	$0
Local Expenditures		Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association