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Introduced Version House Bill 2126 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2126


(By Delegate Webb)

[Introduced February 14, 2001; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact section one, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eighteen-a, article seven, chapter twenty of said code; and to amend article two, chapter sixty-one of said code by adding thereto a new section, designated section thirty, all relating to creating a separate crime for the death of a viable fetus caused by the criminal slaying of the mother of the fetus.

Be it enacted by the Legislature of West Virginia:

That section one, article five, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section eighteen-a, article
seven, chapter twenty of said code be amended and reenacted; and that article two, chapter sixty-one of said code be amended by adding thereto a new section, designated section thirty, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-1. Negligent homicide; penalties.

(a) When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle anywhere in this state in reckless disregard of the safety of others, the person so operating such the vehicle shall be guilty of negligent homicide.
(b) Any person convicted of negligent homicide shall be punished by imprisonment for not more than one year or by fine of not less than one hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment.
(c) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of any person convicted of negligent homicide.
(d) For purposes of this section "any person" shall include any viable fetus of a human being when that term refers to the victim of any act made criminal by the provisions of this section.
A viable fetus is defined as being that stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-18a. Negligent homicide; penalties.

(a) When the death of any person ensues within one year as a proximate result of injury received by operating any motorboat or vessel anywhere in this state in reckless disregard of the safety of others, the person so operating such the motorboat or vessel shall be guilty of negligent homicide.
(b) Any person convicted of negligent homicide shall be punished by imprisonment for not more than one year or by fine of not less than one hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment.
(c) The director shall suspend the privilege to operate a motorboat or vessel in this state for a period of five years from the date of conviction.
(d) For purposes of this section "any person" shall include any viable fetus of a human being when that term refers to the victim of any act made criminal by the provisions of this section.
A viable fetus is defined as being that stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-30. VIABLE FETUS AS VICTIM.
Any reference to the victim of a criminal homicide shall include any viable fetus of that human being who was the victim of any act of homicide made criminal by the provisions of this article.
A viable fetus is defined as being that stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.



NOTE: This bill provides for creating separate criminal liability for killing the viable fetus of the mother who is a victim of a criminal homicide.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§61-2-30 is new; therefore, strike-throughs and underscoring have been omitted.
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