HB 1116-FN - AS INTRODUCED
2000 SESSION
HOUSE BILL 1116-FN
AN ACT prohibiting partial-birth abortions.
SPONSORS: Rep. Woods, Straf 11; Rep. Wendelboe, Belk 2; Rep. L. Jean, Hills 17; Rep. Wood, Belk 7; Rep. Flora, Hills 15; Sen. Brown, Dist 17; Sen. Krueger, Dist 16; Sen. Roberge, Dist 9; Sen. Johnson, Dist 3; Sen. Francoeur, Dist 14
This bill prohibits certain abortions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2002
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT prohibiting partial-birth abortions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Certain Abortions Prohibited. Amend RSA 329 by inserting after section 31 the following new section:
329:32 Certain Abortions Prohibited.
I. In this section:
(a) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(b) "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state, or any individual legally authorized by the state to perform abortions; provided, however, that any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this section.
(c) "Vaginally delivers a living fetus" means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion thereof, for the purpose of performing a procedure that the physician knows will kill the fetus, and kills the fetus.
II.(a) Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant shall be guilty of a class B felony. Notwithstanding the provisions of RSA 651:2, a person found guilty under this paragraph may be fined up to $100,000 or be imprisoned for not more than 2 years, or both.
(b) A woman upon whom a partial-birth abortion is performed shall not be prosecuted under this section.
(c) This paragraph shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, illness, or injury.
III.(a) The woman upon whom the partial-birth abortion was performed in violation of this section, the father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may, in a civil action, obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(b) Such relief shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and
(2) Statutory damages equal to 3 times the cost of the partial-birth abortion.
IV.(a) A defendant accused of an offense under this section may seek a hearing before the board of medicine to determine whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness, or injury.
(b) The findings on such issue are admissible at the trial of the defendant. Upon motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.
V. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for conspiracy to violate this section.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
99-2002
11/2/99
HB 1116-FN - FISCAL NOTE
AN ACT prohibiting partial-birth abortions.
FISCAL IMPACT:
The Judicial Council and Department of Corrections determined that this bill may increase state expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Council indicated the number of cases which may be brought where the defendant is indigent is unknown. The Public Defender and contract rate of $687.50, or the $60 hourly rate for assigned counsel (maximum $3,000 plus any other costs for services other than counsel) would be charged.
The Department of Corrections stated that the number of individuals who would be incarcerated is unknown, and that the average cost of incarceration in FY 1999 was $19,388 per inmate, per year, plus the $842 average cost of probation/parole.
The Department of Health and Human Services and the Administrative Office of the Courts stated this legislation would have no fiscal impact on their respective offices.