HB 217-FN (2012): including “fetus” in the definition of “another” for the purpose of certain criminal offenses.

HB 217-FN (2012)

including “fetus” in the definition of “another” for the purpose of certain criminal offenses.

• Status: Vetoed, override failed
• Term: 2011-2012
• House committee: Criminal Justice and Public Safety
• Senate committee: Judiciary
• Subject: Crimes, Criminal Procedure and Corrections

The Story

It was introduced on January 6, 2011 and referred to the House Criminal Justice and Public Safety committee. The committee held a public hearing on February 17, 2011. The committee met in executive session on February 22, 2011 to vote on its recommendation. The committee retained the bill, holding it for further work rather than reporting it out this year. The committee held a work session on September 20, 2011. The committee met in executive session on October 20, 2011 and October 25, 2011. The committee voted 12–4 to recommend that the House pass it with changes (amendment 2781h), and the report was placed on the regular calendar. The committee's amendment (2781h) was adopted on a voice vote on January 4, 2012, changing the text of the bill. A floor amendment (2012-0047h) was rejected on a roll call 139–201 on January 4, 2012. A floor amendment (2012-0010h) was adopted on a voice vote on January 4, 2012, changing the text of the bill. On January 4, 2012 the House voted to pass it with changes on a roll call 213–125. It crossed to the Senate on February 8, 2012 and was referred to the Senate Judiciary committee. The committee held a public hearing on April 26, 2012. The committee recommended that the Senate pass it with changes (amendment 2012-1892s). The committee recommended that the Senate pass it with changes (amendment 2012-1896s). On May 2, 2012 the Senate adopted “Special Order to 5/9/12, Without Objection”. The committee recommended that the Senate pass it with changes (amendment 2012-1896s). On May 9, 2012 the Senate adopted “Special Ordered to 5/16/12, Without Objection”. The committee recommended that the Senate pass it with changes (amendment 2012-1896s). On May 16, 2012 the Senate adopted “Special Ordered to the end of the Calendar, Without Objection”. The committee recommended that the Senate pass it with changes (amendment 2012-1896s). The committee's amendment (1896s) was rejected on a voice vote on May 16, 2012. A floor amendment (2012-2287s), offered by Sen. Houde, was adopted on a roll call 13–11 on May 16, 2012, changing the text of the bill. A floor amendment (2012-2310s), offered by Sen. Forsythe, was adopted on a roll call 15–9 on May 16, 2012, changing the text of the bill. On May 16, 2012 the Senate voted to pass it with changes on a roll call 18–6 and ordered it to a third reading. On May 30, 2012 the House adopted “House Concurs with Senate AM #2287s(NT) and #2310s(NT) (Rep Swinford)” on a roll call 210–108. An enrolled bill amendment (2478e) was adopted on a voice vote on June 6, 2012. These correct technical errors found after passage. The bill was enrolled on June 6, 2012 — the final check of the text before it goes to the governor — and an enrolled bill amendment (2012-2478e) was adopted to correct technical errors found after passage. The governor vetoed it on June 18, 2012. The legislature can override a veto with a two-thirds vote in both chambers. On June 27, 2012 the House voted 201–126 on overriding the governor's veto on a roll call, and the veto was sustained, failing to meet the two thirds threshold.

Sponsors

• Rep. Kathleen Souza (R - Hills 11) (prime sponsor)
• Rep. Leo Pepino (R - Hills 11)
• Rep. Jerry Bergevin (R - Hills 17)
• Rep. James Parison (R - Hills 3)
• Rep. Lawrence Kappler (R - Rock 2)
• Rep. Joseph Krasucki (R - Hills 26)
• Rep. Connie Soucy (R - Hills 17)
• Rep. Keith Murphy (R - Hills 18)
• Sen. John Barnes Jr. (R - SD17)
• Sen. Raymond White (R - SD9)

Hearings and Sessions

• February 17, 2011, 2:00 PM: public hearing, House Criminal Justice and Public Safety, LOB 204
• February 22, 2011, 10:00 AM: executive session, House Criminal Justice and Public Safety, LOB 204
• September 20, 2011, 10:00 AM: subcommittee work session, House Criminal Justice and Public Safety, LOB 204
• October 20, 2011, 10:00 AM: executive session, House Criminal Justice and Public Safety, LOB 204
• October 25, 2011, 10:00 AM: executive session, House Criminal Justice and Public Safety, LOB 204
• April 26, 2012, 2:30 PM: hearing, Senate Judiciary, LOB 101

Votes

• January 4, 2012, House: FLAM 0047H (NT) (REP SOUZA) — yeas 139, nays 201, failed
• January 4, 2012, House: OTP/AM 2781H(NT) AND 0010H(NT) — yeas 213, nays 125, passed
• May 16, 2012, Senate: Senator Houde Floor Amendment 2287s — yeas 13, nays 11, passed
• May 16, 2012, Senate: Senator Forsythe Floor Amendment 2310s — yeas 15, nays 9, passed
• May 16, 2012, Senate: Ought to Pass with Amendment — yeas 18, nays 6, passed
• May 30, 2012, House: CONCUR (REP SWINFORD) — yeas 210, nays 108, passed
• June 27, 2012, House: SHALL HB 217 BECOME LAW — yeas 201, nays 126, failed

The Docket

Laws It Would Change

• RSA 630:1
• RSA 630:1-a

Related Bills

• SB 40-FN (2015): including a fetus in the definition of "another" for the purpose of certain criminal offenses.
• HB 156-FN (2018): including a fetus in the definition of "another" for purposes of certain criminal offenses.

From the General Court

• Bill status page
• Docket
• HC 27
• HC 70
• HC 69
• SC 15
• SC 17A
• SC 17B
• SC 18
• HC 49
• House Calendar 1, 2012, committee report
• This page’s data as JSON