HB 193 - AS INTRODUCED

2003 SESSION

03-0763

01/09

HOUSE BILL 193

AN ACT relative to the right to life.

SPONSORS: Rep. Hagan, Hills 50; Rep. Pepino, Hills 51; Rep. Souza, Hills 51

COMMITTEE: Judiciary

ANALYSIS

This bill establishes the Right to Life 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0763

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the right to life.

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

1 New Subdivision; Right to Life Act. Amend RSA 132 by inserting after section 23 the following new subdivision:

Right to Life Act

132:24 Findings. The state of New Hampshire finds that:

I. We, as a state, have declared that the unalienable right to life endowed by Our Creator is guaranteed by our Constitution for each human person;

II. The Supreme Court, in Roe v. Wade (410 U.S. 113 at 159), stated: `We need not resolve the difficult question of when life begins ...the judiciary at this point in the development of man's knowledge, is not in a position to speculate as to the answer...';

III. The Supreme Court, in Roe v. Wade (410 U.S. 113 at 156-157), stated: `If this suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life is then guaranteed specifically by the Fourteenth Amendment...';

IV. The Supreme Court in Roe v. Wade stated that the privacy right is not absolute, and stated (410 U.S. 113, at 159) that: `The pregnant woman cannot be isolated in her privacy. She carries an embryo and, later, a fetus...The woman's privacy is no longer sole and any right of privacy she possesses must be measured accordingly.';

V. A human father and mother beget a human offspring when the father's sperm fertilizes the mother's ovum, and the life of each preborn human person begins at fertilization;

VI. There is no justification for any federal, state, or private action intentionally to kill an innocent born or preborn human person, and that federal, state, and private action must assure equal care and protection for the right to life of both a pregnant mother and her preborn child in existence at fertilization;

VII. Americans and our society suffer from the evils of killing even one innocent born or preborn human person, and each day suffer the torture and slaughter of an estimated 4,000 preborn persons;

VIII. The intentional killing of preborn human persons occurs in federal enclaves, in interstate commerce activities, and in the states, estimated at 1,500,000 per year and 33,000,000 since 1973; and

IX. The violence of intentionally killing a preborn human person has provoked more violence, carnage, and conflict reaching into homes, schools, churches, workplaces and lives of Americans.

132:25 Right to Life. Upon the basis of its findings in RSA 135:24, the state of New Hampshire hereby declares that the right to life guaranteed by the Constitution is vested in each human being at fertilization.

2 Effective Date. This act shall take effect January 1, 2004.