HB 156-FN - AS INTRODUCED
HOUSE BILL 156-FN
SPONSORS: Rep. Notter, Hills. 21; Rep. Souza, Hills. 43; Rep. V. Sullivan, Hills. 16; Rep. Gould, Hills. 7; Rep. Katsakiores, Rock. 6; Rep. Murotake, Hills. 32; Rep. Baldasaro, Rock. 5; Rep. Hansen, Hills. 22; Sen. Avard, Dist 12; Sen. Daniels, Dist 11
COMMITTEE: Criminal Justice and Public Safety
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
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 mean another person, or a fetus as defined in subparagraph V(b).
V.(a) Nothing in this section or RSA 630:1-b, RSA 630:2, RSA 630:3, or RSA 630:4 shall apply to any act committed by the woman pregnant with the fetus, to any medical procedure, including abortion, performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian, or to the lawful dispensation or administration of lawfully prescribed medication. For the purposes of this section and RSA 630:1-b, RSA 630:2, RSA 630:3, or RSA 630:4, “abortion” means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the fetus. Such use, prescription, or means is not an abortion if done with the intent to save the life or preserve the health of a fetus, or to remove a dead fetus caused by spontaneous abortion, or to remove an ectopic pregnancy.
(b) In this section, “fetus” means an unborn offspring, from the embryo stage which is the end of the eighth week after conception or, in the case of in vitro fertilization, the end of the eighth week after implantation, until birth.
HB 156-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ ] Other
The proposed bill would amend RSA 630:1, IV and RSA 630:1-a, IV to include a fetus in the definition of "another" for the purpose of first and second degree murder, manslaughter, negligent homicide, and causing or aiding suicide, while maintaining the exclusion of a fetus from the definition of another in the capital murder statute. Proposed RSA 630:1-a, V(a) excludes medical procedures from the proposed expansion of the definition of "another". If enacted, the bill may result in an additional count in existing cases, or an additional criminal case in situations where the only victim is the fetus.
An additional count added to a case that would have occurred anyway would increase the time needed to present evidence and consider appeals resulting from the additional count. In addition, because of the presence of a charge relating to a fetus, the case would likely generate publicity adding to the potential cost. An additional criminal case in situations where the only victim is the fetus would have a greater fiscal impact. The potential sentences for offenses subject to the proposed statute almost always result in jury trials. The cost of a full day jury trial in the superior court is estimated to be $2,142 in fiscal year 2018 and $2,157 in fiscal year 2019. Additional costs for preliminary hearings, time to write a charge to the jury, and clerical processing related to the jury would make the cost of a jury trial well in excess of the costs above. If a decision was appealed, several thousand dollars of additional costs would be incurred in judge, law clerk and staff time at the Supreme Court. The Judicial Branch has no way to estimate how many prosecutions may be brought pursuant to this bill and the costs would vary depending on the severity of the charges.
Indigent defense in homicide cases is not covered by the state contract with the Public Defender, such cases are handled by assigned counsel. Assigned counsel are reimbursed at a rate of $100 per hour up to $20,000 for homicide cases. The additional time to prepare for a second victim would likely be significant. In addition to the cost of an attorney, additional case specific costs may be incurred for medical experts and for non-counsel services which the court deems necessary for an adequate defense. Due to the unpredictable nature of such cases, the Judicial Council is not able to estimate the potential cost for indigent defense.
The Department of Justice prosecutes all murder cases and some manslaughter cases, but it is not able estimate how many new prosecutions would be brought as a result of this bill. The fiscal impact on the Department of Justice is indeterminate.
While the number of individuals who would be subject to this legislation is not known, the Department of Correction's average annual cost of incarcerating an individual in the general population was $35,832 in fiscal year 2016. The average annual cost to supervise an individual by the Department of Corrections, Division of Field Services was $520 in fiscal year 2016.
The New Hampshire Association of Counties states this bill will have no fiscal impact on county expenditures or revenue.
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, and New Hampshire Association of Counties
|Jan. 19, 2017||House||Hearing|
|Feb. 7, 2017||House||Hearing|
|Feb. 8, 2017||House||Exec Session|
|Nov. 14, 2017||House||Exec Session|
|Jan. 3, 2018||House||Floor Vote|
|Jan. 4, 2017||Introduced 01/04/2017 and referred to Criminal Justice and Public Safety HJ 2 P. 18|
|Jan. 19, 2017||==RECESSED== Public Hearing: 01/19/2017 10:00 AM LOB 204|
|Feb. 7, 2017||==CONTINUED== Public Hearing: 02/07/2017 02:30 PM LOB 204|
|Feb. 8, 2017||Executive Session: 02/08/2017 LOB 204|
|Retained in Committee|
|May 23, 2017||Retained Bill Full Committee Work Session: 05/23/2017 11:30 AM LOB 204|
|Nov. 14, 2017||Retained Bill Subcommittee Work Session: 11/14/2017 09:30 AM LOB 204|
|Nov. 14, 2017||Executive Session: 11/14/2017 10:00 AM LOB 204|
|Jan. 3, 2018||Committee Report: Inexpedient to Legislate for 01/03/2018 (Vote 14-6; RC)|
|Jan. 3, 2018||Lay HB 156 on Table (Rep. Wuelper): MA VV 01/03/2018 HJ 1 P. 53|
|March 22, 2018||Remove from Table (Rep. Souza): MF RC 113-175 03/22/2018 HJ 10 P. 16|