HB 1147 - AS INTRODUCED

2003 SESSION

03-2296

04/01

HOUSE BILL 1147

AN ACT relative to the use of deadly force in defense of a fetus.

SPONSORS: Rep. Kerns, Hills 57; Rep. Souza, Hills 51

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows a pregnant woman to use deadly force in defense of herself or her fetus.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2296

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the use of deadly force in defense of a fetus.

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

1 Homicide; Capital Murder; Fetus Included. Amend RSA 630:1-a, IV to read as follows:

IV. As used in this section and RSA 630:1-a, 1-b, 2, 3 and 4, the meaning of "another" [does not] shall include a fetus.

2 New Paragraph; Physical Force in Defense of a Person. Amend RSA 627:4 by inserting after paragraph II the following new paragraph:

II-a. A pregnant woman is justified in using deadly force upon another for the purpose of defending her fetus when she reasonably believes that such other person is using or is about to use unlawful, deadly force against her fetus in the course of any act prohibited under title LXII or RSA 173-B.

3 Effective Date. This act shall take effect January 1, 2005.