HB 346-FN - AS INTRODUCED

2023 SESSION

23-0213

05/08

HOUSE BILL 346-FN

AN ACT relative to the right of any infant born alive to appropriate medical care and treatment.

SPONSORS: Rep. Cordelli, Carr. 7; Rep. Peternel, Carr. 6; Rep. Notter, Hills. 12; Rep. Ulery, Hills. 13; Rep. Stapleton, Sull. 6; Rep. L. Gould, Hills. 2; Rep. M. Pearson, Rock. 34; Rep. Prudhomme-O'Brien, Rock. 13; Rep. Simon, Graf. 1; Sen. Birdsell, Dist 19; Sen. Ward, Dist 8; Sen. Avard, Dist 12

COMMITTEE: Judiciary

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ANALYSIS

This bill establishes the born alive infant protection act, which provides that any infant born alive shall be entitled to medically appropriate and reasonable care and treatment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0213

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the right of any infant born alive to appropriate medical care and treatment.

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

1  Statement of Finding.  The general court hereby finds that it is the purpose of the state of New Hampshire to assert a compelling state interest in protecting the life of any infant born alive as a legal person for all purposes under the laws of the state of New Hampshire, and entitled to all the protections of such laws, including the right to medically appropriate and reasonable care and treatment.

2  New Chapter; Born Alive Infant Protection Act.  Amend RSA by inserting after chapter 132-A the following new chapter:

CHAPTER 132-B

BORN ALIVE INFANT PROTECTION ACT

132-B:1  Title.  This chapter may be known and cited as the Born Alive Infant Protection Act.

132-B:2  Definitions.  In this chapter:

I.  “Abortion” has the same meaning as RSA 132:32, I.

II.  “Born alive” means the complete expulsion or extraction from the mother of a human infant, at any stage of development, who, after such expulsion or extraction, breathes, has a beating heart, or has definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, Cesarean section, induced abortion, or other method.

III.  “Health care provider” means any individual who participates in a health care service or procedure, including but not limited to, the following: a physician, physician’s assistant, nurse, APRN, nurse’s aide, medical assistant, hospital employee, medical facility employee, or reproductive health care facility employee.

IV.  “Medical facility” means any public or private hospital, clinic, center, medical school, medical training institute, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, medical or other emergency transport, or other institution or location wherein medical care or treatment is provided to any person.

V.  “Reproductive health care facility” has the same meaning as RSA 132:37, I.

132-B:3  Born Alive Infant Protection.

I.  Any born alive infant, including but not limited to one born in the course of an abortion, shall be treated as any other natural person under all the laws of this state which punish or remedy harm to natural persons, including laws referring to “another,” laws referring to injured persons, and laws referring to deceased persons.

II.  Any born alive infant, including but not limited to one born in the course of an abortion, shall be entitled to no less protection or remedy under the state’s criminal laws, laws governing civil causes of action, and laws concerning human rights and rules adopted thereto, than any other natural person.

132-B:4  Criminal Penalties.

I.  Any health care provider who withholds medical treatment from a born alive infant with the intention of causing or hastening the infant’s death, and who thereby materially causes or hastens the death of the infant, shall be guilty of a class A felony.

II.  Any health care provider who performs an overt act with the intention of causing or hastening the death of a born alive infant, and who thereby materially causes or hastens the death of the infant, shall be guilty of a class A felony.

III.  In any criminal prosecution brought pursuant to this subdivision, a directive or other instruction to withhold treatment from a born alive infant shall not be a defense.

132-B:5  Mandatory Reporting.  Any health care provider, medical facility, reproductive health care facility, or employee or volunteer of a medical facility or reproductive health care facility that has knowledge of a failure to comply with the provisions of this chapter shall immediately report the failure to an appropriate law enforcement agency.

132-B:6  Severability.  If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions or applications of this chapter are declared to be severable.

3  Effective Date.  This act shall take effect January 1, 2024.

LBA

23-0213

12/28/22

HB 346-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the right of any infant born alive to appropriate medical care and treatment.

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill establishes the born alive infant protection act, which provides that any infant born alive shall be entitled to medically appropriate and reasonable care and treatment.  This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with these penalties below.

Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.  

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice and New Hampshire Association of Counties