A bill that would allow the state to prosecute somebody for homicide after causing the death of a fetus — even if the mother lives — is poised to become law.
An amended Senate Bill 66 cleared the House on Thursday by a vote of 186-170 after passing the Senate in May. The bill will need to go back to the Senate for concurrence on a minor change before heading to Gov. Chris Sununu, who intends to sign it.
Proponents of the bill say this will allow for justice when someone causes a woman to lose a pregnancy in, for example, an assault or a car crash. But critics, including the American Civil Liberties Union of New Hampshire, warn that the proposal could pit the rights of pregnant women against those of their fetuses.
Thirty-eight states already have so-called fetal homicide laws.
SB 66 makes the statutes for first-and second-degree murder, manslaughter, negligent homicide and causing or aiding suicide applicable where a fetus who is at least 20 weeks old dies as a result of somebody’s actions.
The bill exempts abortions, medical procedures administered at the mother’s request, and any act taken by the pregnant woman.
Still, opponents say that by calling a fetus an independent victim of a crime, the bill is a proxy for attacking abortion rights. They also warn that similar laws have been used to incarcerate women or force them to undergo medical procedures and say that the 20-week mark is arbitrary and had no basis in law or medicine.
House members defeated several attempts to either table or amend the bill on Thursday.
In one alternative, Rep. Shannon Chandley, D-Amherst, pitched the chamber on an amendment that would have stiffened penalties in cases where a pregnant woman is killed and her fetus dies.
She characterized the amendment as an extension of existing law, which already allows for enhanced penalties — though not a homicide charge — when someone causes a woman to miscarry.
“The amendment does not confer personhood on the fetus, nor does it identify the fetus an independent victim of a crime. Yet this amendment fully recognizes the brutal and overwhelming loss of a pregnant woman at the hands of another — regardless of the gestational age of a fetus,” Chandley said.
Her amendment failed, 162-192.
Quoting from the biblical story of King Solomon, Republican Rep. JR Hoell of Dunbarton presented his own amendment, making the bill applicable to fetuses starting at conception, but it failed.