Revision: Nov. 6, 2017, 3:43 p.m.
HB 1373 - AS INTRODUCED
2018 SESSION
18-2553
01/04
HOUSE BILL 1373
AN ACT relative to an individual's property right in his or her DNA.
SPONSORS: Rep. Kurk, Hills. 2; Rep. Itse, Rock. 10
COMMITTEE: Judiciary
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ANALYSIS
This bill declares that an individual's genetic information and DNA sample are the property of the individual.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2553
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to an individual's property right in his or her DNA.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Genetic Testing; Definition Added. Amend RSA 141-H:1 by inserting after paragraph I the following new paragraph:
I-a. "DNA sample" means any human biological specimen from which DNA was extracted, or any human biological specimen that is obtained or retained for the purpose of extracting and analyzing DNA to determine a genetic characteristic. “DNA sample” shall also include DNA extract from the specimen.
2 New Paragraph; Genetic Testing; Definition Added. Amend RSA 141-H:1 by inserting after paragraph III the following new paragraph:
III-a. “Genetic information” is the information about an individual or family obtained from a genetic test or from an individual’s DNA sample.
3 New Section; Individual's Right to Genetic Information. Amend RSA 141-H by inserting after section 2 the following new section:
141-H:2-a Individual Right to Genetic Information. An individual's genetic information and DNA sample are the property of the individual, and, except as expressly otherwise provided in statute, shall not be acquired, retained, or disclosed without the written consent of the individual or his or her legal representative or, after the individual’s death, his or her executor or other legal representative. This section shall not apply to the identification of individuals in criminal investigations.
4 Effective Date. This act shall take effect January 1, 2019.