Revision: Jan. 6, 2012, midnight
HB 217-FN – AS AMENDED BY THE HOUSE
4Jan2012… 2781h
4Jan2012… 0010h
2011 SESSION
04/01
HOUSE BILL 217-FN
AN ACT amending the first and second degree murder statutes and the negligent homicide statute to include causing the death of a fetus.
SPONSORS: Rep. Souza, Hills 11; Rep. Pepino, Hills 11; Rep. Bergevin, Hills 17; Rep. Parison, Hills 3; Rep. Kappler, Rock 2; Rep. Krasucki, Hills 26; Rep. C. Soucy, Hills 17; Rep. K. Murphy, Hills 18; Sen. Barnes, Jr., Dist 17; Sen. White, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill provides that a person shall be charged with first or second degree murder or negligent homicide for causing the death of a fetus which is determined to be at 24 weeks of gestation or more. The bill also provides an exception to the homicide statutes for pregnant women.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2781h
4Jan2012… 0010h
11-0257
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT amending the first and second degree murder statutes and the negligent homicide statute to include causing the death of a fetus.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Capital Murder; Definition of Fetus. 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] RSA 630:2 and RSA 630:4, the meaning of “another” does not include a [foetus] fetus.
2 First Degree Murder. Amend RSA 630:1-a to read as follows:
630:1-a First Degree Murder.
I. A person is guilty of murder in the first degree if [he] the person:
(a) Purposely causes the death of another or purposely causes the death of a fetus which is determined to be at 24 weeks of gestation or more; or
(b) Knowingly causes the death of:
(1) Another before, after, while engaged in the commission of, or while attempting to commit felonious sexual assault as defined in RSA 632-A:3;
(2) Another before, after, while engaged in the commission of, or while attempting to commit robbery or burglary while armed with a deadly weapon, the death being caused by the use of such weapon;
(3) Another in perpetrating or attempting to perpetrate arson as defined in RSA 634:1, I, II, or III;
(4) The president or president-elect or vice-president or vice-president-elect of the United States, the governor or governor-elect of New Hampshire or any state or any member or member-elect of the congress of the United States, or any candidate for such office after such candidate has been nominated at his party’s primary, when such killing is motivated by knowledge of the foregoing capacity of the victim.
II. For the purpose of RSA 630:1-a, I(a), “purposely” shall mean that the actor’s conscious object is the death of another or the death of a fetus as defined in paragraph I, and that [his] the person’s act or acts in furtherance of that object were deliberate and premeditated.
III. A person convicted of a murder in the first degree shall be sentenced to life imprisonment and shall not be eligible for parole at any time.
3 Second Degree Murder. Amend RSA 630:1-b to read as follows:
630:1-b Second Degree Murder.
I. A person is guilty of murder in the second degree if:
(a) [He] The person knowingly causes the death of another or knowingly causes the death of a fetus which is determined to be at 24 weeks of gestation or more; or
(b) [He] The person causes such death recklessly under circumstances manifesting an extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor causes the death by the use of a deadly weapon in the commission of, or in an attempt to commit, or in immediate flight after committing or attempting to commit any class A felony.
II. Murder in the second degree shall be punishable by imprisonment for life or for such term as the court may order.
4 Negligent Homicide. Amend RSA 630:3 to read as follows:
630:3 Negligent Homicide.
I. A person is guilty of a class B felony when he or she causes the death of another negligently or negligently causes the death of a fetus which is determined to be at 24 weeks of gestation or more.
II. A person is guilty of a class A felony when in consequence of being under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and controlled drug while operating a propelled vehicle, as defined in RSA 637:9, III or a boat as defined in RSA 265-A:1, II, he or she causes the death of another or causes the death of a fetus which is determined to be at 24 weeks of gestation or more.
III. In addition to any other penalty imposed, if the death of another person or a fetus as defined in paragraph I resulted from the negligent driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person for up to 7 years. In cases where the person is convicted under paragraph II, the court shall revoke the license or driving privilege of the convicted person indefinitely and the person shall not petition for eligibility to reapply for a driver's license for at least 7 years. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device as described in RSA 265-A:36, which shall remain in place for a period not to exceed 5 years.
5 New Section; Exception. Amend RSA 630 by inserting after section 6 the following new section:
630:7 Exception. The provisions of RSA 630:1-a, 630:1-b, and 630:3 shall not apply to any medical procedure performed by a licensed medical professional at the request of a pregnant woman or her legal guardian, or to the dispensing or administration of any prescribed medication.
6 Effective Date. This act shall take effect 60 days after its passage.
LBAO
11-0257
01/07/11
HB 217-FN - FISCAL NOTE
AN ACT amending the first and second degree murder statutes and the negligent homicide statute to include causing the death of a fetus.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, the Department of Justice, the Department of Corrections, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will add RSA 630:1-a, IV to include an unborn child in the definition of “another” for purposes of first and second degree murder, manslaughter, and negligent homicide. The Branch states this bill may result in an additional count in cases that would have occurred 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. If this bill results in an additional count in a case the fiscal impact will be less than if an entirely new criminal case is brought. The Branch has no information to estimate how many prosecutions or the severity of the charges that will be brought as a result of this bill but does have information on the cost for one full day of a jury trial. A full day (based on a 7 and half hour day) cost for a full day’s jury trial in Superior Court is $1,844.73 in FY 2012 and each year thereafter. The cost of a day’s jury trial is as follows:
Position |
Daily Cost |
Judge |
$840.11 |
Jury |
$280.00 |
Jury Mileage |
$84.00 |
Court Monitor |
$217.96 |
Deputy Clerk |
$331.16 |
Bailiff |
$91.50 |
Total |
$1,844.73 |
Additionally, there would be costs associated with preliminary hearings, time to write a charge to the jury, and for clerical processing that would result in the cost of jury trial in excess of $2,000 per day.
The Judicial Council states this bill may result in an indeterminable increase in state general fund expenditures. The Council states this bill will potentially expand the number of homicide cases, typically the most costly cases in the criminal justice system. If the public defender does not have a conflict of interest and is able to represent the case, they would be paid a flat fee of $20,000. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $20,000 for homicide cases will apply. The fee cap is readily increased by the Court. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states this bill may result in an increase in expenditures. The Department states it would be responsible for handling the prosecution for cases involving first degree murder, second degree murder, and manslaughter. The Department has no information on how many new prosecutions will be brought as a result of this bill.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states to the extent an individual is charged with the new law and detained pre-trial in a county correctional facility or an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,000 a year.