Tom Fahey writes, "House blocks introduction of home invasion bill," for the Union Leader.
Leaders of the New Hampshire House yesterday blocked the late introduction of a bill that would punish home invasion murders with the death penalty.
In rejecting the bill's late arrival, Democratic lawmakers said an identical proposal is moving ahead in the Senate, at the same time a special commission studies all aspects of the death penalty.
Rep. William O'Brien, R-Mont Vernon, urged the House Rules Committee to allow his bill to move forward even though he missed a deadline for new bills. He said he was prompted by the October home invasion in which four teens allegedly hacked Kimberly Cates to death in her bed with a machete, and left her daughter for dead. The murder occurred in Mont Vernon eight days after the House deadline.
O'Brien is a co-sponsor of a nearly identical bill in the Senate, which is sponsored by Sen. Sheila Roberge, R-Bedford. If the bill becomes law, it will not affect the four teenagers arrested in the Cates murder, or their accused accomplice.
While O'Brien said his voters are calling for action, Democratic deputy speaker Linda Foster, also from Mont Vernon, said constituents are telling her they don't want the Legislature to "jump the gun" on the issue. She said the Senate bill assures the issue will be debated.
"There will be a forum for this in the Senate that will get lots of press, lots of play... The people will have their opportunity to speak," she said.
The vote on the committee was 6-4, along party lines, with Democrats denying O'Brien's request. House rules restrict late bills to those that address "urgent or compelling needs or events unforeseen prior to the filing deadline." O'Brien said after the vote, "we'll still get this through the Senate. But the House Democrats took a walk on this today."
The AP report is, "N.H. House committee blocks death penalty bill," by Debra Love, via SeaCoastOnline.
House rules allow members to ask for bills to be introduced late based on an urgent or compelling need or due to unforeseen events.
Five young men have been charged in the attack. Indictments in the case are pending.
Cates, 42, was killed Oct. 4. Her 11-year-old daughter was attacked but survived.
O'Brien argues people have a right to go to their homes and be safe. He said his bill was needed to send a message that society will protect the sanctity of the home and that home invaders will be punished harshly.
Even if the measure passed, the stiffer penalty could not be applied in the Cates' case.
Under the measure, prosecutors would have to prove home invaders entered with the specific intent to kill the occupants of the house for the crime to be punishable by death.
New Hampshire's death penalty law has more restrictions than any state that allows capital punishment. New Hampshire allows capital punishment for six types of crimes, including killing a police officer.
Last year, a man was sentenced to die for killing a Manchester police officer — the state's first death sentence in 50 years. The state's last execution took place in 1939.
Earlier coverage from New Hampshire is here.
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