Criminal Justice

SB 467 increases penalties for fentanyl distribution by establishing mandatory minimum prison sentences: 3.5 years for 20 grams or more and 7 years for 50 grams or more (including mixtures). It also mandates a life sentence or long prison term for distributing non-fentanyl controlled drugs that cause death. Courts may reduce these sentences if defendants meet specific conditions, such as having no recent violent felony convictions, not using violence, and completing drug treatment or education. If reduced, defendants must serve at least 3 years of probation with drug testing, treatment, community service, and a suspended prison sentence.

HB 1413 would reinstate the death penalty as a sentencing option for individuals convicted of capital murder in New Hampshire, replacing the current requirement of life imprisonment without parole. The bill amends RSA 630:1, III to allow courts to impose the death penalty in such cases, effective January 1, 2027. This change directly affects defendants found guilty of capital murder, who would now face the possibility of execution instead of mandatory life without parole. The bill does not alter the definition of capital murder but modifies sentencing authority for these specific offenses.

HB 1598 creates a streamlined eviction process for landlords seeking to remove tenants who fail to pay rent or breach leases in ways affecting health/safety, criminal activity, or drug-related offenses. It requires landlords to provide a 5-day notice with a clear warning about the expedited timeline, giving tenants only 3 days to respond after court filing. If tenants don’t pay or vacate, courts must issue a writ of possession immediately without a hearing - unless the tenant pays all overdue rent within 48 hours. This process limits defenses to just rent payment or the alleged breach, blocking unrelated claims, and restricts stays of execution except for immediate payment. The bill applies to all landlords and tenants in qualifying eviction cases, effective January 1, 2027.

HB 1630 prohibits businesses from selling nitrous oxide ("laughing gas") and specific inhalants like butyl nitrites for recreational use, creating a class A misdemeanor for violations. Key exceptions include medical use (e.g., by hospitals or dentists), food-related applications (like whipped cream cans), and industrial/automotive purposes. The law explicitly exempts sales of flavored whipped cream and substances sold for legitimate medical, food, or industrial purposes, but presumes recreational intent if products are marketed with food-like flavors. It takes effect January 1, 2027, with no estimated state revenue or expenditure impact.