Revision: Jan. 6, 2012, midnight
HB 1679-FN – AS INTRODUCED
2012 SESSION
01/09
HOUSE BILL 1679-FN
AN ACT relative to partial-birth abortions and third trimester abortions.
SPONSORS: Rep. Terrio, Hills 14
This bill prohibits partial-birth abortions and third trimester 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2356
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to partial-birth abortions and third trimester 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 physician, an individual acting under the delegatory authority of the physician, or any other individual performing the abortion deliberately and intentionally vaginally delivers a living fetus until, in the case of a headfirst presentation, the entire fetal head is outside the body of the mother, or in the case of breech presentation, any part of the fetal trunk past the naval is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus, and performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
(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 or a third trimester abortion, shall be subject to the provisions of this section.
II. Except as provided in paragraph III, a physician, an individual performing an act, task, or function under the delegatory authority of a physician, or any other individual who is not a physician or not otherwise legally authorized to perform an abortion who knowingly performs a partial-birth abortion or a third trimester abortion and kills a human fetus is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $50,000, or both.
III. It shall not be a violation of paragraph II if in the physician’s reasonable medical judgment a partial-birth abortion or a third trimester abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury.
IV. The spouse of the mother at the time of the partial-birth abortion or a third trimester abortion or either parent of the mother if the mother had not attained the age of 18 at the time of the partial-birth abortion or a third trimester abortion may file a civil action against the physician or individual described in paragraph II for a violation of this section, unless the pregnancy is a result of the plaintiff’s criminal conduct or the plaintiff consented to the partial-birth abortion or a third trimester abortion. Notwithstanding any provision of law to the contrary, a plaintiff who prevails in a civil action brought under this section may recover both of the following:
(a) Actual damages, including damages for emotional distress.
(b) Treble damages for the cost of the partial-birth abortion.
V. A woman who obtains or seeks to obtain a partial-birth abortion or a third trimester abortion is not a conspirator to commit a violation of this section.
VI. This section does not create a right to abortion.
VII. Notwithstanding any other provision of this section, a person shall not perform an abortion that is prohibited by law.
VIII. Nothing in this section shall be construed to repeal or amend, explicitly or by implication, any provision of law prohibiting or regulating abortion.
2 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2356
01/03/12
HB 1679-FN - FISCAL NOTE
AN ACT relative to partial-birth abortions and third trimester abortions.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Justice. When completed, the fiscal note will be forwarded to the House Clerk's Office.