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Sen. Pearl introduces SB 58 to allow prosecutions where overdose deaths occur
Summary
Senate Bill 58, introduced by Sen. Howard Pearl, would let New Hampshire prosecutors bring "death resulting" charges either where a victim died or where a deadly drug was manufactured, sold or dispensed. County attorneys urged the change after the state Supreme Court's decision in State v. Fortune narrowed venue.
Senate Bill 58 would let New Hampshire prosecutors bring ‘‘death resulting’’ charges either in the county where a person died or in the county where the manufacturing, selling or dispensing of the deadly drug took place, sponsor Sen. Howard Pearl said at a Senate Judiciary Committee hearing.
The legislation aims to address a gap created by the New Hampshire Supreme Court’s decision in State v. Fortune, which county prosecutors say limited venue in overdose-related prosecutions. ‘‘The direct impact of the Fortune decision is that individuals who provide deadly drugs outside the boundaries of New Hampshire cannot be held to account for deaths that occur within New Hampshire,’’ Paul Halverson, Merrimack County attorney, told the committee.
Why it matters: Prosecutors said the Fortune ruling has forced the state to drop pending…
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