HB 768-FN - AS INTRODUCED
1997 SESSION
97-0523
01/02
HOUSE BILL 768-FN
AN ACT relative to certain abortions.
SPONSORS: Rep. K. Smith, Rock. 29
COMMITTEE: Judiciary and Family Law
ANALYSIS
This bill prohibits certain abortions unless the mother's life is at risk.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
97-0523
01/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Seven
AN ACT relative to certain abortions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Prohibition Added. Amend RSA 329:17, VI by inserting after subparagraph (k) the following new subparagraph:
(l) Has violated RSA 329:32, relative to performing certain abortions.
2 New Section; Certain Abortions Prohibited. Amend RSA 329 by inserting after section 31 the following new section:
329:32 Certain Abortions Prohibited.
I. Except as otherwise provided in paragraph II, a physician or an individual performing an act, task, or function under the delegatory authority of a physician shall not perform a partial-birth abortion, even if the abortion is otherwise permitted by law.
II. A physician or an individual described in paragraph I may perform a partial-birth abortion if the physician or other individual reasonably believes that performing the partial-birth abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury and that no other medical procedure will accomplish that purpose.
III. This section does not create a right to abortion.
IV. Notwithstanding any other provision of this section, a person shall not perform an abortion that is prohibited by law.
V. In this section:
(a) "Abortion" means the intentional use of an instrument, drug, or other substance or device to terminate a woman's pregnancy for a purpose other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus. Abortion does not include a procedure to complete a spontaneous abortion or the use or prescription of a drug or device intended as a contraceptive.
(b) "Fetus" means an individual organism of the species homo sapiens at any time before complete delivery from a pregnant woman.
(c) "Partial-birth abortion" means an abortion in which the physician or individual acting under the delegatory authority of the physician performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
3 Effective Date. This act shall take effect January 1, 1998.
LBAO
97-0523
Revised 2/4/97
FISCAL NOTE
AN ACT relative to certain abortions.
FISCAL IMPACT:
The Department of Health and Human Services determined this bill will have no fiscal impact on state, county or local revenues or expenditures.
METHODOLOGY:
The Department indicated this bill will make changes in statutory language which will not have any fiscal impact.