HB 191-FN - AS AMENDED BY THE SENATE

26Mar2025... 0756h

01/07/2026   3084s

2025 SESSION

25-0192

09/08

HOUSE BILL 191-FN

AN ACT providing criminal penalties for the transporting of an unemancipated minor in order to obtain a surgical procedure or a termination of the minor's pregnancy without parental permission.

SPONSORS: Rep. Cordelli, Carr. 7; Rep. M. Pearson, Rock. 34; Rep. Roy, Rock. 31; Rep. Seidel, Hills. 29; Rep. DeRoy, Straf. 3; Rep. Terry, Belk. 7; Rep. Freeman, Belk. 8; Sen. Avard, Dist 12; Sen. Ward, Dist 8

COMMITTEE: Criminal Justice and Public Safety

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AMENDED ANALYSIS

This bill provides criminal penalties for transporting an unemancipated minor without parental consent for the purpose of obtaining a surgical procedure or a termination of the minor’s pregnancy.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26Mar2025... 0756h

01/07/2026   3084s 25-0192

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Five

AN ACT providing criminal penalties for the transporting of an unemancipated minor in order to obtain a surgical procedure or a termination of the minor's pregnancy without parental permission.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Section; Criminal Code; Illegal Transporting of a Minor for a Surgical Procedure.  Amend RSA 633 by inserting after section 4 the following new section:

633:4-a  Illegal Transporting of a Minor for a Surgical Procedure.

I.  A person is guilty of a class A misdemeanor if such person intentionally transports a unemancipated minor within this state for the purpose of obtaining a surgical procedure for the minor or a termination of the minor’s pregnancy without the express written consent of the minor's parent or guardian.

II.  A person shall be guilty of a class B felony if the person is convicted of violating this section and has previously been convicted of 2 or more offenses under paragraph I.

III.  For the purpose of this section, an unemancipated minor shall mean any minor child under 18 years of age who is not married or has not by court order otherwise been freed from the care, custody, and control of his or her parents.

IV.  This section does not apply to:

(a)  The parents or legal guardian of the unemancipated minor;

(b)  A person who has obtained the written consent of the unemancipated minor's parent or legal guardian;

(c)  A common carrier transporting passengers in the course and scope of their business;

(d)  An ambulance driver or operator and any corresponding emergency medical services personnel acting within the course and scope of their duties; or

(e)  A person who is not emergency medical services personnel transporting an unemancipated minor in the case of a medical emergency that requires immediate medical attention.

V.  It shall not be a defense to a prosecution under this section that the unemancipated minor consented to the actions prohibited by paragraph I.

2  Effective Date.  This act shall take effect 60 days after its passage.

LBA

25-0192

1/13/26

HB 191-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT # 2025-3084s)

AN ACT providing criminal penalties for the transporting of an unemancipated minor in order to obtain a surgical procedure or a termination of the minor's pregnancy without parental permission.

FISCAL IMPACT:  

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association