HB1640 (2020) Detail

Relative to parental notification prior to abortion.


HB 1640-FN - AS INTRODUCED

 

 

2020 SESSION

20-2054

01/10

 

HOUSE BILL 1640-FN

 

AN ACT relative to parental notification prior to abortion.

 

SPONSORS: Rep. Horn, Merr. 2; Rep. Fowler, Rock. 20; Sen. Giuda, Dist 2

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill deletes the provision allowing a minor to obtain judicial consent if the minor elects not to notify her parent or guardian under the parental notification prior to abortion law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2054

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to parental notification prior to abortion.

 

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

 

1  Parental Notification Prior to Abortion; Waiver of Notice.  Amend RSA 132:34 to read as follows:

132:34  Waiver of Notice.

[I.]  No notice shall be required under RSA 132:33 if:

[(a)] I.  The attending abortion provider certifies in the pregnant minor's medical record that a medical emergency exists and there is insufficient time to provide the required notice; or

[(b)] II.  The person or persons who are entitled to notice certify in writing that they have been notified.

[II.  If such a pregnant minor elects not to allow the notification of her parent or guardian or conservator, any superior court judge shall, upon petition, or motion, and after an appropriate hearing, authorize an abortion provider to perform the abortion if said judge determines that the pregnant minor is mature and capable of giving informed consent to the proposed abortion.  If said judge determines that the pregnant minor is not mature, or if the pregnant minor does not claim to be mature, the judge shall determine whether the performance of an abortion upon her without notification of her parent, guardian, or conservator would be in her best interests and shall authorize an abortion provider to perform the abortion without such notification if said judge concludes that the pregnant minor's best interests would be served thereby.

(a)  Such a pregnant minor may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her.  Any guardian ad litem appointed under this subdivision shall maintain the confidentiality of the proceedings.  The court shall, however, advise her that she has a right to court-appointed counsel, and shall, upon her request, provide her with such counsel.

(b)  Proceedings under this section shall be held in closed court, shall be confidential and shall ensure the anonymity of the minor.  All court proceedings under this section shall be sealed.  The minor shall have the right to file her petition in the court using a pseudonym or using solely her initials.  All documents related to this petition shall be confidential and shall not be available to the public.  These proceedings shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interest of the pregnant minor.  In no case shall the court fail to rule within 2 court business days from the time the petition is filed, except that the 2 court business day limitation may be extended at the request of the minor.  A judge of the court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions.  If the court fails to rule within the 2 court business day period and an extension was not requested, then the petition shall be deemed to have been granted, and the notice requirement shall be waived.

(c)  An expedited confidential appeal shall be available, as the supreme court provides by rule, to any such pregnant minor for whom the court denies an order authorizing an abortion without notification.  The court shall make a ruling within 2 court business days from the time of the docketing of the appeal.  An order authorizing an abortion without notification shall not be subject to appeal.  No filing fees shall be required of any such pregnant minor at either the trial or the appellate level.  Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant minor 24 hours a day, 7 days a week.

(d)  The supreme court shall make rules to ensure that procedures followed in the appeals process are handled in an expeditious manner and protect the confidentiality of the parties involved in the appeal to satisfy the requirements of the federal courts.]

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2054

12/11/19

 

HB 1640-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to parental notification prior to abortion.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

The Judicial Branch was originally contacted on October 7, 2019 for a fiscal note worksheet, which they have not provided as of December 11, 2019.

 

METHODOLOGY:

This bill deletes the provision allowing a minor to obtain judicial consent if the minor elects not to notify her parent or guardian under the parental notification prior to abortion law.

 

The Judicial Council indicates it pays the cost of court-appointed counsel for juveniles.  The indigent defense fund paid for representation in one waiver of notice case in FY 2018 and one case in FY 2019.  Based on the small number of cases requiring counsel, the Council assumes this bill would not impact indigent defense costs.

 

The Department of Justice indicates this bill would have no fiscal impact on the Department.

 

The Association of Counties states the bill would have no impact on county revenues or expenditures.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice and New Hampshire Association of Counties

 

Links

HB1640 at GenCourtMobile
HB1640 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1640 Revision: 7285 Date: Dec. 12, 2019, 11:31 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 29
Jan. 29, 2020 ==ROOM CHANGE== Public Hearing: 01/29/2020 11:00 am Reps Hall
March 4, 2020 Executive Session: 03/04/2020 10:00 am LOB 208
March 11, 2020 Majority Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 13-6; RC) HC 10 P. 64
Majority Committee Report: Inexpedient to Legislate (Vote 13-6; RC)
Minority Committee Report: Ought to Pass
March 12, 2020 Inexpedient to Legislate: MA RC 191-102 03/12/2020