HB1248: relative to restrictions on access to abortion.

HB 1248-FN - AS INTRODUCED

2024 SESSION

24-2211

05/08

HOUSE BILL 1248-FN

AN ACT relative to restrictions on access to abortion.

SPONSORS: Rep. Testerman, Merr. 3; Rep. Sellers, Graf. 18; Sen. Gendreau, Dist 1

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits abortion, other than for a medical emergency, if the gestational age of the fetus is more than 15 days.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2211

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to restrictions on access to abortion.

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

1 Fetal Life Protection Act; Prohibition on Abortion Based on Gestational Age of the Fetus. Amend RSA 329:44 to read as follows:

329:44 Prohibition.

I. Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination. This paragraph shall be construed to require the performance of an ultrasound only if the provider either knows that the fetus has a gestational age of at least [24 weeks] 15 days or is conscious of a substantial risk that the fetus has a gestational age of at least [24 weeks] 15 days.

II. Except in the case of fetal abnormalities incompatible with life, or a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least [24 weeks] 15 days or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age.

III. For the purposes of this subdivision only, "medical emergency" means a condition in which an abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.

2 Fetal Life Protection Act; Criminal Penalties. Amend RSA 329:46 to read as follows:

329:46 Criminal Penalties. Any health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least [24 weeks] 15 days, or consciously disregards a substantial risk that the fetus has a gestational age of at least [24 weeks] 15 days, shall be guilty of a class B felony and, in addition to any other penalties the court may impose, be fined not less than $10,000 and not more than $100,000.

3 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2211

10/9/23

HB 1248-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to restrictions on access to abortion.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/FiscalNotes/JudicialCorrectionalCosts.pdf.

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association