CONCORD – Gov. John Lynch on Tuesday signed into law the so-called Kimberly Cates Law, thereby expanding the state’s death penalty criteria to include home invasions that result in murder, or specifically “murder in occupied structures.”

House Speaker William O’Brien, the prime sponsor of HB 147, called the legislation a “common sense, measured and responsible expansion of the New Hampshire death penalty statute” and a “necessary enhancement of protection” for Granite State residents.

The bill becomes law Friday.

“I believe strongly that there are some crimes so heinous that the death penalty is warranted,” Lynch said in a statement issued after the signing.

“As a state, we’ve used our death penalty statute judiciously and cautiously, as is appropriate. But there are some horrific crimes that are not currently covered under our capital murder statute,” said Lynch, who indicated early on he’d likely support an amended version of the bill.

Lynch reportedly invited David and Jaimie Cates to join him for Tuesday’s private signing.

The bill hits close to home for O’Brien, whose hometown of Mont Vernon was the scene of the Oct. 4, 2009, home invasion and brutal assaults that killed 42-year-old Kimberly Cates and left her then 11-year-old daughter Jaimie fighting for her life.

The legislation, which O’Brien introduced earlier this year, was approved in March by the House, with the Senate later following suit. House members in early June approved by a 211-153 vote the final version of the bill.

Though pleased with the governor’s signature, O’Brien said it’s most unfortunate that “it took a tragedy like the Kimberly Cates murder to bring this … expansion to the death penalty statute.

“Our homes are our sanctuary,” he added, saying people in their homes “have the right to be safe and secure.”

In addition to achieving justice for victims, O’Brien said, the legislation “allows for deterrence to those who would enter the homes of others to murder them.”

David Cates delivered emotional testimony in late January to members of the House when he appeared to speak in favor of the bill. “If you need a reason to support this bill, close your eyes and remember the last moments of my wife’s life. Imagine her not knowing if her daughter, her best friend, was dead …” he said in part.

Supporters of the bill said the sheer brutality of the Cates murder, which was carried out with knives and a machete, was heinous enough that offenders who carry out and are convicted of similar crimes in the future should be eligible for the death penalty.

But critics criticized the wording in the bill, pointing out the term “occupied structure” could widen too far the intended, narrow application of the law. Barbara Keshen, chair of the NH Coalition to Abolish the Death Penalty, said carving out specific murders as deserving of capital punishment slights other victims.

“That is hurtful to victims of crime; it is offensive to victims of homicide to make these kind of categories,” Keshen said in earlier testimony.

“The government should not be in the business of making hierarchies of grief, which this bill does.”

Dean Shalhoup can be reached at 673-3100, ext. 31, or dshalhoup@nashuatelegraph.com.