HB 1678-FN - AS INTRODUCED
2020 SESSION
20-2483
01/03
HOUSE BILL 1678-FN
AN ACT relative to prohibiting abortion in certain cases.
SPONSORS: Rep. Rooney, Straf. 1; Rep. Stapleton, Sull. 5; Rep. Rice, Hills. 37; Rep. Gould, Hills. 7; Rep. Prudhomme-O'Brien, Rock. 6; Rep. McNally, Straf. 10; Sen. Birdsell, Dist 19
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes the prenatal nondiscrimination act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2483
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to prohibiting abortion in certain cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings. The general court hereby finds that:
I. Women are a vital part of our society and culture and possess the same fundamental human rights as men. In spite of this, sex-selection abortion, which is abortion done to prevent the birth of a child of an undesired sex, has been documented to exist, outside the United States and, increasingly, inside it, and the victims of sex-selection abortion are overwhelmingly female.
II. Persons with Down syndrome or physical or mental handicaps possess the same fundamental human rights as all other human beings and often are able to maintain employment, obtain an education, and live with varying degrees of independence.
III. Amniocentesis and other prenatal testing often give correct results, but also give false-positive results.
IV. Because abortions performed solely based on a child's sex or genetic diagnosis are generally performed later in pregnancy, women undergoing these abortions are exposed to increased health risks.
2 New Chapter; Prenatal Nondiscrimination Act. Amend RSA by inserting after chapter 132-A the following new chapter:
CHAPTER 132-B
PRENATAL NONDISCRIMINATION ACT
132-B:1 Title. This chapter shall be known and may be cited as the prenatal nondiscrimination act.
132-B:2 Definitions. In this chapter:
I. "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 unborn child. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of the unborn child;
(b) Remove a dead unborn child caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy.
II. "Down syndrome" means a chromosome disorder associated either with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21. Down syndrome is sometimes referred to as "trisomy 21 syndrome."
III. "Genetic abnormality" means any defect, disease, or disorder that is inherited genetically. The term genetic abnormality includes, but is not limited to: any physical disability, any mental disability or retardation, any physical disfigurement, scoliosis, dwarfism, Down syndrome, albinism, Amelia, or any other type of physical or mental abnormality or disease.
IV. "Physician" means a person licensed under RSA 329. "Physician" shall include medical doctors and doctors of osteopathy.
V. "Pregnant woman" means any female, including those who have not reached the age of 18, who is in the reproductive condition of having an unborn child in her uterus.
VI. "Sex-selection abortion" means an abortion performed solely on account of the sex of the unborn child.
VII. "Unborn child" means the offspring of human beings from conception until birth.
VIII. "Viability" means the state of fetal development when, in the judgment of the physician based on the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
132-B:3 Prohibition on Sex-Selection Abortion.
I. No person shall intentionally perform or attempt to perform an abortion with the knowledge that the pregnant woman is seeking the abortion solely because of the sex of the unborn child.
II. If this section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.
132-B:4 Prohibition on Abortion for Down Syndrome.
I. No person shall intentionally perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either Down syndrome or a potential for Down syndrome.
II. If this section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.
132-B:5 Prohibition on Abortion for a Genetic Abnormality.
I. No person shall intentionally perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion solely because the unborn child has been diagnosed with either a genetic abnormality or a potential for a genetic abnormality.
II. If this section is held invalid as applied to the period of pregnancy prior to viability, then it shall remain applicable to the period of pregnancy subsequent to viability.
132-B:6 Penalty. Any person who intentionally or knowingly violates the provisions of this chapter shall be liable for damages and shall, if applicable, have his or her medical license suspended or revoked.
132-B:7 Civil Actions. A pregnant woman upon whom an abortion has been performed in violation of this chapter or the parent or legal guardian of the woman if she is an unemancipated minor may commence a civil action for any knowing, intentional, or reckless violation of this chapter.
132-B:8 Exclusion of Liability for Woman Who Undergoes Abortion Prohibited Under this Chapter.
I. Any woman upon whom an abortion in violation of this chapter is performed or attempted may not be prosecuted under this chapter for a conspiracy to violate this chapter or otherwise held liable for any violation.
II. In every civil proceeding or action brought under this chapter, the anonymity of the woman upon whom an abortion is performed or attempted shall be preserved from public disclosure unless she gives her consent to such disclosure. A court of competent jurisdiction, upon motion or sua sponte, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity from public disclosure.
132-B:9 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are declared to be severable.
3 Effective Date. This act shall take effect January 1, 2021.
20-2483
12/20/19
HB 1678-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prohibiting abortion in certain cases.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| 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 Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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The Judicial Brach was originally contacted on October 17, 2019 for a fiscal note worksheet, which they have not provided as of December 20, 2019.
METHODOLOGY:
The proposed bill prohibits performing abortions with the knowledge that the pregnant woman is seeking the abortion because of the unborn child's sex, because of actual or the potential for Down Syndrome, or because of actual or the potential for genetic abnormalities. The bill provides for professional discipline of a person who violates the new chapter. The Department of Justice has no information on the number of abortions currently carried out for the purposes outlined in the bill or how many licensees currently perform such procedures. It is also unknown how many licensees would continue to perform or attempt to perform such abortions if the bill becomes law. These cases could impact the operations of the Administrative Prosecutions Unit and might result in the need for additional resources. The Department indicates the potential impact and additional resources that may be needed cannot be determined.
AGENCIES CONTACTED:
Judicial Branch and Department of Justice
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2020 | House | Hearing |
| March 4, 2020 | House | Exec Session |
| House | Floor Vote | |
| March 11, 2020 | House | Floor Vote |
March 12, 2020: Inexpedient to Legislate: MA RC 193-101 03/12/2020 HJ 8 P. 149
: Minority Committee Report: Ought to Pass
: Majority Committee Report: Inexpedient to Legislate (Vote 13-7; RC)
March 11, 2020: Majority Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 13-7; RC) HC 10 P. 65
March 4, 2020: Executive Session: 03/04/2020 10:00 am LOB 208
Jan. 29, 2020: ==ROOM CHANGE== Public Hearing: 01/29/2020 02:00 pm Reps Hall
Jan. 8, 2020: Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 31