HB 217-FN – VERSION ADOPTED BY BOTH BODIES

4Jan2012… 2781h

4Jan2012… 0010h

05/16/12 2287s

05/16/12 2310s

6June2012… 2478EBA

2012 SESSION

11-0257

04/01

HOUSE BILL 217-FN

AN ACT including “fetus” in the definition of “another” for the purpose of certain criminal offenses.

SPONSORS: Rep. Souza, Hills 11; Rep. Pepino, Hills 11; Rep. Bergevin, Hills 17; Rep. Parison, Hills 3; Rep. Kappler, Rock 2; Rep. Krasucki, Hills 26; Rep. C. Soucy, Hills 17; Rep. K. Murphy, Hills 18; Sen. Barnes, Jr., Dist 17; Sen. White, Dist 9

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill provides that a fetus shall be included in the definition of “another” for the purpose of first and second degree murder, manslaughter, negligent homicide, and causing or aiding suicide.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Jan2012… 2781h

4Jan2012… 0010h

05/16/12 2287s

05/16/12 2310s

6June2012… 2478EBA

11-0257

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT including “fetus” in the definition of “another” for the purpose of certain criminal offenses.

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

1 Homicide; Capital Murder. Amend RSA 630:1, IV to read as follows:

IV. As used in this section [and RSA 630:1-a, 1-b, 2, 3 and 4], the meaning of “another” does not include a [foetus] fetus.

2 New Paragraphs; First Degree Murder; Definition of Another; Exemption for Abortion. Amend RSA 630:1-a by inserting after paragraph III the following new paragraphs:

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 when major structures have formed, until birth.

3 Effective Date. This act shall take effect January 1, 2013.

LBAO

11-0257

01/07/11

HB 217-FN - FISCAL NOTE

AN ACT including “fetus” in the definition of “another” for the purpose of certain criminal offenses.

FISCAL IMPACT:

METHODOLOGY: