New Hampshire Unborn Child Protection from ‘Dismemberment Abortion’ Act (HB 1560)
This law was last updated on Jun 29, 2016
HB 1560 would prohibit a physician from performing a “dismemberment abortion” on an “unborn child” unless it was necessary to save the life of the pregnant woman or to avoid the substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
“Dismemberment abortion” is defined as “with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp a portion of the unborn child’s body in order to cut or rip it off.”
A physician that knowingly violates this provision could face injunctive relief and civil action.
Any person violating this provision would be guilty of a class B misdemeanor for a first offense. For a second or subsequent offense, the person would be guilty of a class A felony.
No woman upon whom an abortion is performed or attempted to be performed would be liable for performing or attempting to perform a “dismemberment abortion.”
This law targets a procedure known as dilation and evacuation (D and E), which is frequently used during second-trimester abortions. According to the American Congress of Obstetricians and Gynecologists, an abortion using suction aspiration can be performed up to 14 weeks’ gestation, but after 14 weeks the D and E procedure must be used to perform an abortion. As such, dilation and evacuation bans, depending upon their language, may ban all surgical abortion past 14 weeks’ gestation. (Source.)