Bipartisan House Vote Pushes Forward Effort to Reduce Harm Caused by State Abortion Ban
HB 224 Would Repeal Criminal and Civil Penalties for Medical Providers in 24-Week Abortion Ban

CONCORD, NH - Today, the New Hampshire House of Representatives cast a bipartisan vote to support HB 224, 205-178. This bill would repeal the criminal and civil penalties for medical providers contained in New Hampshire’s 24-week abortion ban. It next goes to the Senate. 

Presently, the state abortion ban, which was enacted on January 1, 2022, criminalizes doctors for doing their job and working with their patients to get the care they need by threatening providers with a felony and imprisonment. The law as it stands is an invitation for intimidation and harassment against medical professionals who treat patients later in pregnancy. Governor Chris Sununu has previously indicated he supports the repeal of criminal and civil penalties.

After the House vote, Kayla Montgomery, Vice President for Public Affairs at Planned Parenthood of Northern New England and Planned Parenthood New Hampshire Action Fund, released the following statement:

“Today’s bipartisan vote to repeal the criminal and civil penalties contained in our state’s current 24-week abortion ban is a huge step forward in reducing the harm caused by this unpopular provision. 

Since the adoption of New Hampshire’s first abortion ban in modern history, we have heard from medical professionals who are concerned about the chilling effect it has in the reproductive health care landscape, and issued warnings to lawmakers that it could negatively impact the ability of health facilities to recruit and retain the most qualified providers. HB 224 eliminates the threat of criminalization for doctors who deliver appropriate and compassionate care to their patients in often tragic and heartbreaking circumstances.

We thank the members of the House who supported this measure and we urge the New Hampshire Senate to join the House and Governor Sununu to pass HB 224 and restore trust in our state's doctors.”

BACKGROUND:

Polling:

• A recently released survey from Breakthrough Campaigns conducted on behalf of Amplify NH shows that a supermajority of Granite Staters - 87% - support reproductive freedom and 89% of Granite Staters expect state elected officials to protect or expand abortion access in New Hampshire. Just 11% of Granite Staters want more abortion restrictions in the state.
• In a new 50-state survey, PRRI found most Americans oppose abortion ban policies; 69% of Granite Staters believe abortion should be legal in all or most cases.
• August 2022 polling by the Saint Anselm College Survey Center shows that support for abortion rights in New Hampshire is at a historic high and nearly 6 in 10 voters disapproved of the overturning of Roe v. Wade on June 24, 2022.
• Polling released in July, 2021 from the UNH Survey Center shows that New Hampshire’s newly-enacted abortion ban is deeply unpopular, with only one-third of Granite Staters in support of it. Nearly half of independent Granite Staters oppose this ban, as do 27 percent of Republicans.
• The truth is, most Granite Staters and most Americans support access to safe, legal abortion. If someone has decided to have an abortion, more than 8 in 10 respondents want the experience to be supportive and nonjudgmental, without added burdens or protesters, affordable and safe. 

The New Hampshire Landscape:

• Without Roe, abortion is still safe and legal in New Hampshire until 24 weeks - for now. A bill to ban abortion would have to pass to further dismantle access to abortion. 
• The restrictions on abortion in New Hampshire are clear: access to abortion at or after 24 weeks is banned, with no exceptions for rape or incest and doctors face criminalization. 
• NH RSA 329:49 says “Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.”
• New Hampshire is the only state in New England without proactive protections for abortion rights in state statutes or our state constitution.

HB 224: Removing the Criminal and Civil Penalties from NH’s Abortion Ban

• This bill would repeal the criminal and civil penalties from New Hampshire’s 24-week abortion ban. Presently, the law, which was enacted on January 1, 2022, criminalizes doctors for doing their job and working with their patients to get the care they need by threatening providers with a felony and imprisonment. The law as it stands is an invitation for intimidation and harassment against medical professionals who treat patients later in pregnancy. 
  • Remote sign ins: 914 in support; 516 opposed
  • NH House Judiciary voted 10-10 on both an “Inexpedient to Legislate” and “Ought to Pass” motion; HB 224 will now go to the full House with no committee recommendation.
  • NH House voted 205-178 in support of Ought to Pass on HB 224
• Testimony in support of HB 224:
  • Dr. Emily Zajano (provider and patient)
  • Jean Brown (patient)

###

Planned Parenthood of Northern New England (PPNNE) is the largest provider of reproductive and sexual health care across the State of New Hampshire. We serve New Hampshire residents through 5 health centers in Derry, Exeter, Keene, Manchester and White River Junction, VT. Last year we saw more than 10,000 patients at these sites. PPNNE was named a 2021 and 2022 Guardian of Excellence Award^® winner by Press Ganey, the national leader in health care consumer and workforce engagement. Press Ganey recognizes PPNNE as a top-performing health care organization, achieving the 95^th percentile or above for performance in patient experience, out of more than 20,000 medical practices.

Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.