HB 1588-FN – AS INTRODUCED
2008 SESSION
08-2024
01/05
HOUSE BILL 1588-FN
AN ACT relative to the verification of the state of residency of an unemancipated minor seeking an abortion in New Hampshire.
SPONSORS: Rep. N. Elliott, Hills 19; Rep. Mooney, Hills 19; Rep. Ulery, Hills 27; Rep. Dumaine, Rock 3; Sen. Roberge, Dist 9
This bill requires any person performing an abortion on an unemancipated minor to verify the minor’s state of residency and to abide by that state’s laws regarding parental consent and notification.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2024
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the verification of the state of residency of an unemancipated minor seeking an abortion in New Hampshire.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Verification of Residency Prior to Abortion. Amend RSA 132 by inserting after section 28 the following new subdivision:
Verification of Residency Prior to Abortion
132:29 Verification of Residency Prior to Abortion.
I. In this subdivision “unemancipated minor” means any female under the age of 18 years of age who is not married or who has not been freed from the care, custody, and control of her parents by court order or otherwise.
II. Any person performing an abortion on an unemancipated minor shall first verify the minor’s state of residency and shall follow the laws regarding parental consent and notification in such state of residency. For the purposes of this subdivision a driver’s license, piece of mail, or some other identification with the unemancipated minor’s address shall be sufficient verification.
Any person violating the provisions of this section shall be guilty of a felony.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2024
12/14/07
HB 1588-FN - FISCAL NOTE
AN ACT relative to the verification of the state of residency of an unemancipated minor seeking an abortion in New Hampshire.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and Department of Corrections state this bill may increase state expenditures by an indeterminable amount in FY 2009 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or county and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would make it an unspecified felony to violate the proposed bill’s requirement that any person performing an abortion on an unemancipated minor verify the minor’s state of residency, and abide by the state’s laws on parental consent and verification. The Branch is unable to estimate the number of new cases that may result from this bill. The Branch estimates the cost to process an average routine felony case at $327.59 in FY 2009, and $335.98 in FY 2010 and each year thereafter. These numbers do not consider the cost of any appeals that may be taken following trial. In addition, due to the high profile nature of any case involving abortion, additional security costs are likely to arise. The exact fiscal impact cannot be determined at this time.
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $756.25 per felony charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $4,100 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any case where a defendant has been found guilty may also result in appeals to either the Superior Court or to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Department of Corrections states they are unable to predict the number of individuals would be affected by this legislation. The Department states in FY 2006, the average annual cost of incarcerating an individual in the general prison population was $31,140, and the cost to supervise an offender by the Department’s Division of Field Services was $1,174. The exact fiscal impact cannot be determined at this time.
The Department of Health and Human Services states this bill will have no fiscal impact on the Department.