SB741: establishing the born alive protection act.

SB 741-FN - AS INTRODUCED

2020 SESSION

20-2814

01/04

SENATE BILL 741-FN

AN ACT establishing the born alive protection act.

SPONSORS: Sen. Birdsell, Dist 19; Sen. Morse, Dist 22; Sen. Starr, Dist 1; Sen. Ward, Dist 8; Sen. French, Dist 7; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Gray, Dist 6; Sen. Giuda, Dist 2; Rep. Notter, Hills. 21; Rep. Rooney, Straf. 1; Rep. M. Pearson, Rock. 34; Rep. Prudhomme-O'Brien, Rock. 6

COMMITTEE: Health and Human Services

ANALYSIS

This bill establishes the born alive infant protection act. Under this bill, a person shall not deny or deprive an infant of nourishment with the intent to cause or alter the death of an infant during an abortion.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2814

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT establishing the born alive protection act.

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 may be asked to participate in any way 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, 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 one born in the course of an abortion, shall be treated as a legal person under the laws of this state, with the same rights to medically appropriate and reasonable care and treatment.

II. Any health care provider present at the time the infant is born shall take all medically appropriate and reasonable actions to the preserve the life and health of the born alive infant.

132-B:4 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:5 Criminal Penalties. Any health care provider who intentionally or knowingly violates this chapter shall be guilty of a class A felony.

3 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2814

1/7/20

SB 741-FN- FISCAL NOTE

AS INTRODUCED

AN ACT establishing the born alive protection act.

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill requires any health care provider present at the time an infant is born alive (as defined by the bill) to take all medically appropriate and reasonable actions to preserve the life and health of the infant.

The 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.

Judicial Branch

FY 2021

FY 2022

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

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 would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.

The Department of Health and Human Services states the bill will have no fiscal impact on that Department.

AGENCIES CONTACTED:

Department of Health and Human Services