Chapter 507-I: Proceeds of Crime Related to Murder

As used in this chapter:

I. "Murder" means murder in the first degree as defined under RSA 630:1-a or murder in the second degree committed knowingly as defined under RSA 630:1-b, I(a), or a reasonably equivalent offense under federal law, the law of another state, or the law of a foreign country if the legal system of such country affords sufficient due process protections that a conviction thereunder can be deemed just and reliable. However, "murder" does not include conduct of a person that could be charged as the crime of causing or aiding a suicide as defined under RSA 630:4 even if such conduct also could be or has been charged under RSA 630:1-a or RSA 630:1-b, I(a).

II. "Profits from a murder" means any property which the individual who committed the murder obtained, or income generated, as a result of having committed the crime, including any property or income obtained through the use of unique knowledge gained or learned during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by, or income generated from, the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.

III. "Victim" means the estate of the person who was murdered, or the immediate family of the person murdered, unless such individual is the one who committed the murder.

Every person or other legal entity, or representative of such person or entity, that knowingly contracts for, pays, or agrees to pay any profits from a murder as defined in this chapter, to a person who committed the murder, or to the representative of such person, where the value, combined value, or aggregate value of the contract, payment or payments of such funds exceeds or will exceed $10,000 dollars, shall give written notice to the department of justice of the payment or obligation to pay as soon as practicable after discovering that the payment or intended payment constitutes profits from a murder.

The department of justice, through the office of victim/witness assistance established in RSA 21-M:8-b, upon receipt of notice of a contract, an agreement to pay, or payment of profits from a murder, shall notify all known victims of the existence of such contract, profits or funds at their last known address.

I. Notwithstanding any other provision of law, any victim shall have the right to bring a civil action in a court of competent jurisdiction to recover damages from a person convicted of the murder of the victim's relation, as defined in this chapter, or the representative of the convicted person, within 3 years of the date the victim discovered, or reasonably should have discovered, the existence of any profits from the murder paid to or payable to the convicted person or the convicted person's representative.

II. Upon filing an action pursuant to this section, the victim shall provide notice thereof to the New Hampshire department of justice, which shall have the right to intervene in the case for the limited purpose of requesting that the court stay the proceedings for a reasonable time, place limits on discovery, or take other appropriate measures to protect the integrity of any other ongoing criminal investigation or prosecution related to the death of the decedent.

III. The department of justice also shall have the right to intervene in such action if there is any restitution owed that the department seeks to have satisfied.