HB 1649-FN – AS INTRODUCED
2006 SESSION
04/10
HOUSE BILL 1649-FN
AN ACT including “unborn child” in the definition of “another” for the purpose of first and second degree murder, manslaughter, and negligent homicide.
SPONSORS: Rep. Souza, Hills 11; Rep. Hagan, Hills 17; Rep. Bettencourt, Rock 4; Rep. Itse, Rock 9; Rep. Cady, Rock 1; Sen. Barnes, Dist 17; Sen. Martel, Dist 18
COMMITTEE: Criminal Justice and Public Safety
This bill provides that an unborn child shall be included in the definition of “another” for the purpose of first and second degree murder, manslaughter, and negligent homicide.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2613
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT including “unborn child” in the definition of “another” for the purpose of first and second degree murder, manslaughter, and negligent homicide.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Homicide; Capital Murder; Definition of Unborn Child. Amend RSA 630:1, 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 include a foetus.
2 New Paragraphs; First Degree Murder; Definition of Another; Exemption for Abortion. Amend RSA 630:1-a by inserting after paragraph III the following new paragraphs:
IV. For the purpose of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, and RSA 630:4, the meaning of “another” shall include an unborn child as defined in paragraph V.
V.(a) Nothing in this section or RSA 630:1-b, RSA 630:2, RSA 630:3, or RSA 630:4 shall apply to any act committed by the mother of the unborn child, to any medical procedure including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian, or to the lawful dispensation or administration of lawfully prescribed medication. For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, or RSA 630:4, “abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of an unborn child, or to remove a dead unborn child caused by spontaneous abortion, or to remove an ectopic pregnancy.
(b) In this section:
(1) “Conception” means the fusion of a human spermatozoon with a human ovum.
(2) “Pregnant” means the female reproductive condition of having an unborn child in the woman’s body.
(3) “Unborn child” means the offspring of human beings from conception until birth.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2613
12/5/05
HB 1649-FN - FISCAL NOTE
AN ACT including “unborn child” in the definition of “another” for the purpose of first and second degree murder, manslaughter, and negligent homicide.
FISCAL IMPACT:
The Judicial Branch, Judicial Council and Departments of Justice and Corrections have stated this bill may increase state expenditures in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch stated this bill would add RSA 630:1-a, IV to include an unborn child in the definition of “another” for purposes of murder first, murder second, manslaughter, and negligent homicide. This bill may result in an additional count in cases that would have occurred without this proposed new statutory section in situations where both an unborn child and someone else are victims of the crime or in a criminal case that would not otherwise have been brought in situations where the only victim is the unborn child. In the latter case, the potential sentences for the offenses subject to the proposed statute are great and almost always result in jury trials. The cost of a full day’s jury trial in the superior court is in excess of $2,000 per day. In addition, should a decision be appealed, several thousand dollars of additional costs would be incurred in judge, law clerk and staff time. Therefore, even if one case brought pursuant to the statute, would result in a fiscal impact in excess of $10,000. The Judicial Branch has no way to estimate how many, if any, prosecutions will be brought.
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 assigned counsel. Contract counsel does not accept murder cases and there is no applicable rate for these cases. For the purposes of recoupment and establishing a reasonable assumption as to cost, the $60 per hour rate or a fee cap of $15,000 for homicide cases is used. Two attorneys are likely to be appointed by the courts for such representation. 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 charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition.
LBAO
06-2613
12/5/05
Assigned counsel will be at the $60 per hour rate with a fee cap of $15,000. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the superior court or 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 Justice, Criminal Justice Bureau is responsible for prosecuting first and second degree murder, manslaughter and negligent homicide cases. The Department stated they are unable to estimate how many, if any, prosecutions will be brought, therefore they are unable to estimate the fiscal impact on the Department.
The Department of Corrections stated the number of individuals sentenced under this bill cannot be predicted, however, the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2005 was $28,143.