HB 1589-FN – AS INTRODUCED
2008 SESSION
01/05
HOUSE BILL 1589-FN
AN ACT prohibiting the lethal injection of any substance as part of the abortion process.
SPONSORS: Rep. N. Elliott, Hills 19; Rep. Mooney, Hills 19; Rep. Dumaine, Rock 3; Rep. Hogan, Hills 25; Rep. Garcia, Rock 4; Sen. Roberge, Dist 9
This bill prohibits the lethal injection of any substance as part of the abortion process.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2018
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT prohibiting the lethal injection of any substance as part of the abortion process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Prohibiting the Use of Lethal Injections in Abortions. Amend RSA 132 by inserting after section 28 the following new subdivision:
Prohibiting the Use of Lethal Injections in Abortions
132:29 Use of Lethal Injections in Abortions Prohibited. No person performing abortions shall use a lethal injection of any substance into a fetus as part of the abortion process. For the purposes of this section, “fetus” means a fetus of the species homo sapiens carried in the womb. Any person violating the provisions of this subdivision shall be guilty of a felony.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2018
12/14/07
HB 1589-FN - FISCAL NOTE
AN ACT prohibiting the lethal injection of any substance as part of the abortion process.
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 use a lethal injection of any substance into a fetus as part of the abortion process. 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.