HB 191-FN - AS AMENDED BY THE HOUSE
26Mar2025... 0756h
2025 SESSION
25-0192
09/08
HOUSE BILL 191-FN
SPONSORS: Rep. Cordelli, Carr. 7; Rep. M. Pearson, Rock. 34; Rep. Roy, Rock. 31; Rep. Seidel, Hills. 29; Rep. DeRoy, Straf. 3; Rep. Terry, Belk. 7; Rep. Freeman, Belk. 8; Sen. Avard, Dist 12; Sen. Ward, Dist 8
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill provides criminal penalties for transporting an unemancipated minor without parental consent for the purpose of obtaining a surgical procedure. This bill further authorizes a civil suit in certain circumstances following a violation of the criminal prohibition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Mar2025... 0756h 25-0192
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Criminal Code; Illegal Transporting of a Minor for a Surgical Procedure. Amend RSA 633 by inserting after section 4 the following new section:
633:4-a Illegal Transporting of a Minor for a Surgical Procedure.
I. A person is guilty of a class A misdemeanor if such person intentionally transports a unemancipated minor within this state for the purpose of obtaining a surgical procedure for the minor without the express written consent of the minor's parent or guardian.
II. A person shall be guilty of a class B felony if the person is convicted of violating this section and has previously been convicted of 2 or more offenses under paragraph I.
III. For the purpose of this section, an unemancipated minor shall mean any minor child under 18 years of age who is not married or has not by court order otherwise been freed from the care, custody, and control of his or her parents.
IV. This section does not apply to:
(a) The parents or legal guardian of the unemancipated minor;
(b) A person who has obtained the written, notarized consent of the
unemancipated minor's parent or legal guardian;
(c) A common carrier transporting passengers in the course and scope of their business; or
(d) An ambulance driver or operator and any corresponding emergency
medical services personnel acting within the course and scope of their duties.
V. It shall not be a defense to a prosecution under this section that the unemancipated minor consented to the actions prohibited by paragraph I.
2 New Chapter; Private Right of Action for Transporting a Minor for a Surgical Procedure Contrary to Law. Amend RSA by inserting after chapter 507-H the following new chapter:
CHAPTER 507-I
PRIVATE RIGHT OF ACTION FOR TRANSPORTING A MINOR
FOR A SURGICAL PROCEDURE CONTRARY TO LAW
507-I:1 Liability; Who May Bring Suit.
I. A person who violates RSA 633:4-a, I, may be held liable in a civil action.
II. The civil action may be brought on behalf of the minor child by:
(a) The parent or guardian of the minor child; or
(b) The minor, after reaching 18 years of age, and within 7 years of reaching 18 years of age.
507-I:2 Damages. In a civil action arising from a violation of this chapter, the plaintiff may
recover from the person who violated this chapter:
I. Economic damages;
II. Noneconomic damages, including damages for pain and suffering;
III. Punitive damages; and
IV. Reasonable attorney's fees and court costs.
3 Effective Date. This act shall take effect 60 days after its passage.
25-0192
11/15/24
HB 191-FN- FISCAL NOTE
AS INTRODUCED
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