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NARAL Pro-Choice New Hampshire Opposes Bills That Ignore Current Law and Could Undermine Roe v. Wade Decision

Posted: 02/14/2006

CONCORD, NH – Today, the House Criminal Justice Committee considered two bills that have the potential to be used to undermine the basis of the Roe v. Wade decision. HB 1665 and HB 1649 would change the law to recognize a fetus or an “unborn child” as a separate victim in crimes including negligent homicide, first and second degree murder and manslaughter. NARAL Pro-Choice New Hampshire opposes this legislation on the grounds that the bills’ true intentions are not to punish violent crimes against pregnant women, but to lay the groundwork for future judicial claims against abortion rights by establishing the fetus as a person with full rights separate from the pregnant woman.

“We have heard from opponents of the Roe decision that this type of legislation is a part of a national strategy to build a case against Roe in the courts,” said Liza Dube, Political Director of NARAL Pro-Choice New Hampshire. “The pro-choice community believes that crimes against pregnant women that result in the loss of a wanted pregnancy are unacceptable. That is why we stand by the laws New Hampshire already has in place to recognize the agony of that loss.”

In 1991, New Hampshire passed laws that punish an assailant who “purposely or knowingly causes injury to another resulting in miscarriage or stillbirth” (RSA 631:1c), or who “recklessly or negligently causes injury to another resulting in miscarriage or stillbirth” (RSA 631:2 e). The penalty for these crimes is a Class A felony assault.

HB 1665 would create a negligent homicide offense for an injury against a pregnant woman resulting in miscarriage or stillbirth. The penalty for negligent homicide (defined as a crime against a person) in New Hampshire is a Class B felony. “Not only is HB 1665 unnecessary, it does not go as far to punish an assailant as the laws already in place,” said Dube. “Current law recognizes that the real victim is the pregnant woman, and compensates for her loss with a more severe penalty than the one proposed by HB 1665.”

HB 1649 would change the definition of “person” within the law to include “unborn child”. It would also establish the singular belief that life begins at conception. “HB 1649 is a dangerous attempt to instill one set of beliefs and a host of medically inaccurate definitions into New Hampshire law. Despite any claims to the contrary, HB 1649 is a clear attempt to lay the groundwork for possible challenges to abortion rights in the future,” Dube said.

Contact: Liza Dube, Political Director
Office: 603.228.1224

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