SB66 (2017) Detail

(New Title) including a fetus in the definition of "another" for purposes of certain criminal offenses.


CHAPTER 188

SB 66-FN - FINAL VERSION

 

02/16/2017   0490s

1Jun2017... 1360h

06/22/2017   2370EBA

 

2017 SESSION

17-0447

04/09

 

SENATE BILL 66-FN

 

AN ACT including a fetus in the definition of "another" for purposes of certain criminal offenses.

 

SPONSORS: Sen. Birdsell, Dist 19; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Innis, Dist 24; Sen. Ward, Dist 8; Sen. French, Dist 7; Sen. Reagan, Dist 17; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Rep. Hoelzel, Rock. 3

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill provides that a fetus shall be included in the definition of “another” for the purposes of first and second degree murder, manslaughter, negligent homicide, and causing or aiding suicide.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/16/2017   0490s

1Jun2017... 1360h

06/22/2017   2370EBA 17-0447

04/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT including a fetus in the definition of "another" for purposes of certain criminal offenses.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

188:1  Homicide; Capital Murder; Definition of Another.  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] shall not include a [foetus] fetus.

188:2  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 purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, and RSA 630:4, the meaning of “another” shall include a fetus 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] paragraph IV shall apply to:

(1)  Any act committed by the pregnant woman;

(2)  Any act committed at the request or direction of the pregnant woman or for the benefit of the pregnant woman;

(3)  Any act performed by a physician or other medical professional in the course of such physician’s or medical professional’s professional duties, including but not limited to, an act that results in the termination of a pregnancy; or

(4)  Any act taken in furtherance of the lawful dispensation or administration of prescription or nonprescription medication.

(b)  In this section:

(1)  “Fetus” means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth.

(2)  “Pregnant” means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.

(3)  “Pregnancy” means one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.

188:3  Effective Date.  This act shall take effect January 1, 2018.

 

Approved: June 30, 2017

Effective Date: January 1, 2018

 

 

 

Links

SB66 at GenCourtMobile

Action Dates

Date Body Type
Jan. 26, 2017 Senate Hearing
Feb. 16, 2017 Senate Floor Vote
Feb. 16, 2017 Senate Floor Vote
March 22, 2017 House Hearing
May 9, 2017 House Exec Session
June 1, 2017 House Floor Vote

Bill Text Revisions

SB66 Revision: 1313 Date: July 3, 2017, 2:39 p.m.
SB66 Revision: 1314 Date: June 23, 2017, 8:58 a.m.
SB66 Revision: 1315 Date: June 8, 2017, 9:26 a.m.
SB66 Revision: 1316 Date: March 30, 2017, 1:02 p.m.
SB66 Revision: 1317 Date: Jan. 25, 2017, 10:31 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and Referred to Judiciary; SJ 4
Jan. 26, 2017 Hearing: 01/26/2017, Room 100, SH, 10:30 am; SC 7
Feb. 16, 2017 Committee Report: Ought to Pass, 02/16/2017; SC 10
Feb. 16, 2017 Special Order SB 66-FN to the end of the Regular Calendar, Without Objection, MA; 02/16/2017; SJ 6
Feb. 16, 2017 Sen. Daniels Floor Amendment # 2017-0489s, RC 12Y-12N, AF; 02/16/2017; SJ 6
Feb. 16, 2017 Sen. Birdsell Floor Amendment # 2017-0490s, RC 14Y-10N, AA; 02/16/2017; SJ 6
Feb. 16, 2017 Ought to Pass with Amendment 2017-0490s, RC 14Y-10N, MA; OT3rdg; 02/16/2017; SJ 6
Feb. 16, 2017 Introduced 02/16/2017 and referred to Criminal Justice and Public Safety HJ 8 P. 45
March 22, 2017 Public Hearing: 03/22/2017 10:00 AM LOB 204
May 9, 2017 Executive Session: 05/09/2017 10:00 AM LOB 204
June 1, 2017 Majority Committee Report: Ought to Pass with Amendment # 2017-1360h for 06/01/2017 (Vote 12-8; RC) HC 26 P. 11
Minority Committee Report: Ought to Pass with Amendment # 2017-1961h (NT)
June 1, 2017 Amendment # 2017-1360h: AA VV 06/01/2017 HJ 17 P. 77
June 1, 2017 Lay on Table (Rep. O'Leary): MF RC 172-181 06/01/2017 HJ 17 P. 78
June 1, 2017 Minority Amendment # 2017-1961h (Rep. Chandley): AF RC 162-192 06/01/2017 HJ 17 P. 80
June 1, 2017 FLAM # 2017-2121h (Rep. Hoell): AF RC 49-306 06/01/2017 HJ 17 P. 83
June 1, 2017 Lay on Table (Rep. Eaton): MF RC 174-182 06/01/2017 HJ 17 P. 85
June 1, 2017 Ought to Pass with Amendment 1360h: MA RC 186-170 06/01/2017 HJ 17 P. 87
June 1, 2017 Reconsider SB 66 (Rep. Packard): MF RC 161-192 06/01/2017 HJ 17 P. 91
June 8, 2017 Sen. Carson Moved to Concur with the House Amendment, RC 14Y-9N, MA; 06/08/2017; SJ 19
June 22, 2017 Lay 2370e on Table (Rep. McConnell): MF RC 177-190 06/22/2017 HJ 19 P. 2
June 22, 2017 Enrolled Bill Amendment # 2017-2370e: AA RC 196-173 06/22/2017 HJ 19 P. 4
June 22, 2017 Sen. Avard Moved Adoption of Enrolled Bill Amendment # 2017-2370e, RC 14Y-9N, AA; 06/22/2017; SJ 20
June 22, 2017 Enrolled 06/22/2017 HJ 19 P. 25
June 22, 2017 Enrolled (In recess 06/22/2017); SJ 20
Jan. 1, 2018 Signed by the Governor on 06/30/2017; Chapter 0188; Effective 01/01/2018