CACR 23  - AS INTRODUCED

 

 

2024 SESSION

24-2027

02/08

 

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 23

 

RELATING TO: the right to abortion.

 

PROVIDING THAT: all persons shall have the right to abortion prior to 24 weeks.

 

SPONSORS: Rep. Toll, Ches. 15; Rep. Vandecasteele, Rock. 25; Rep. Simpson, Rock. 33; Rep. Wilhelm, Hills. 40; Rep. Tellez, Hills. 40; Rep. Weber, Ches. 5; Rep. Schapiro, Ches. 16; Rep. M. Smith, Straf. 10; Rep. Phinney, Straf. 9; Rep. Ebel, Merr. 7; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21; Sen. Rosenwald, Dist 13

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This constitutional amendment concurrent resolution establishes the right to abortion prior to 24 weeks.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type

 

24-2027

02/08

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

 

RELATING TO: the right to abortion.

 

PROVIDING THAT: all persons shall have the right to abortion prior to 24 weeks.

 

Be it Resolved by the House of Representatives, the Senate concurring, that the

Constitution of New Hampshire be amended as follows:

 

I.  That the first part of the constitution be amended by inserting after article 2-b the following new article:

[Art.] 2-c.  [Right to Abortion.]  Every individual has a fundamental right to abortion.  The state cannot prohibit, restrict, delay, or penalize this right prior to 24 weeks unless it is justified by a compelling state interest achieved by the least restrictive means.  After 24 weeks, the state may not prohibit an abortion that, in the professional judgment of an attending physician, is necessary.  The physician shall apply the applicable standard of care in making a professional judgment.

II.  That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2024.

III.  That the selectmen of all towns, cities, wards and places in the state are directed to insert in their warrants for the said 2024 election an article to the following effect:  To decide whether the amendments of the constitution proposed by the 2024 session of the general court shall be approved.

IV.  That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending the first part of the constitution by inserting after article 2-b a new article to read as follows:

[Art.] 2-c.  [Right to Abortion.]  Every individual has a fundamental right to abortion.  The state cannot prohibit, restrict, delay, or penalize this right prior to 24 weeks unless it is justified by a compelling state interest achieved by the least restrictive means.  After 24 weeks, the state may not prohibit an abortion that, in the professional judgment of an attending physician, is necessary.  The physician shall apply the applicable standard of care in making a professional judgment.”

V.  That the secretary of state shall print the question to be submitted on a separate ballot with other constitutional questions or on the official ballot.  The ballot containing the question shall include 2 ovals next to the question allowing the voter to vote “Yes” or “No.”  If no oval is marked, the ballot shall not be counted on the question.  The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2024 General Court” shall be printed in bold type at the top of the ballot.

VI.  That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.

VII.  Voters' Guide.

AT THE PRESENT TIME, abortion is not explicitly protected in the New Hampshire constitution.

IF THE AMENDMENT IS ADOPTED, the right to abortion before 24 weeks of pregnancy will be explicitly protected in the New Hampshire constitution.