Bill Text: NH HB476 | 2025 | Regular Session | Introduced
Bill Title: Relative to restrictions on elective abortion.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced) 2025-01-15 - Public Hearing: 01/27/2025 09:30 am Legislative Office Building 206-208 [HB476 Detail]
Download: New_Hampshire-2025-HB476-Introduced.html
HB 476-FN - AS INTRODUCED
2025 SESSION
25-0757
09/08
HOUSE BILL 476-FN
AN ACT relative to restrictions on elective abortion.
SPONSORS: Rep. Peternel, Carr. 6; Rep. Aures, Merr. 13; Rep. Burnham, Straf. 2; Rep. Granger, Straf. 2; Rep. M. Pearson, Rock. 34; Rep. Prudhomme-O'Brien, Rock. 13; Rep. Seidel, Hills. 29; Rep. Sellers, Graf. 18; Rep. Terry, Belk. 7
COMMITTEE: Judiciary
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ANALYSIS
This bill clarifies the definition of “fetus” for the purpose of abortion laws. The bill leaves in statute the subdivision located at RSA 329:43 through RSA 329:50 which makes abortions illegal after 24 weeks gestational age except in the case of a medical emergency or a fetal abnormality incompatible with life, but adds an additional differing subdivision that makes abortions illegal after 15 weeks gestational age except in the case of a medical emergency or a fetal abnormality incompatible with life. This bill also adds that no regulatory or law enforcement agency has the authority to penalize a health care provider for performing an abortion before 15 weeks gestational age except as specifically provided by law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0757
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to restrictions on elective abortion.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Title. The provisions of this act may be known and cited as Late-Term Elective Abortion Restriction.
2 New Subdivision; Late-Term Elective Abortion Restriction. Amend RSA 329 by inserting after section 50 the following new subdivision:
Late-Term Elective Abortion Restriction
329:51 Definitions. In this subdivision, the definitions in RSA 329:43 are incorporated as if set forth herein.
329:52 Construction.
I. All abortions are legal in New Hampshire before 15 weeks gestational age. No regulatory or law enforcement agency has the authority to penalize a health care provider for performing an abortion except as specifically provided in RSA chapter 329.
II. After 15 weeks, abortion is legal in the case of a medical emergency as defined in 329:53, III or in the case of fetal abnormalities incompatible with life. Late-term elective abortion, or abortion after 15 weeks where there is no medical emergency or fetal abnormality incompatible with life, is illegal.
329:53 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 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 15 weeks or is conscious of a substantial risk that the fetus has a gestational age of at least 15 weeks.
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 15 weeks 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.
329:54 Reporting.
I. Any health care provider who performs an abortion under 329:53, III shall report, in writing, to the medical facility in which the abortion is performed the reason for the determination that a medical emergency existed. The health care provider’s written report shall be included in a written report from the medical facility to the department of health and human services. If the abortion is not performed in a medical facility, the health care provider shall report, in writing, the reason for the determination that a medical emergency existed to the department of health and human services as part of the written report made by the health care provider to the department. The health care provider and the medical facility shall retain a copy of the written reports required under this section for not less than 5 years.
329:55 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 15 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 15 weeks, 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.
329:56 Civil Remedies.
I. The woman, the father of the fetus if married to the mother at the time she receives an abortion in violation of this subdivision, and/or, if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion.
II. Such relief shall include monetary damages for all psychological and physical injuries caused by the violation of this subdivision.
329:57 Review by New Hampshire Board of Medicine.
I. A defendant health care provider accused of violating this subdivision may seek a hearing before the board of medicine as to whether the health care provider’s conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and/or as to whether the continuation of the pregnancy would have created a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.
II. The findings on this issue are admissible at the criminal and civil trials of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.
329:58 Severability.
If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application. This subdivision shall retain its purpose and effect to the maximum extent permitted under the state and federal constitutions, whether through the severance of provisions or applications, judicial injunction or construction, or any other just and proper remedy. The general court further declares that it prefers any judicial remedy whatsoever to one that has the effect of permitting all abortions throughout gestation, whether such permission is effected through the complete invalidation of this subdivision or through any other means.
3 Fetal Life Protection Act; Definitions. Amend RSA 329:43, XI to read as follows:
XI. "Fetus" means an unborn offspring, [from] after the embryo stage [which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation,] until birth.
4 Effective Date. This act shall take effect January 1, 2026.
25-0757
1/2/25
HB 476-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to restrictions on elective abortion.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
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/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
