WEST virginia Legislature

2018 regular session

Introduced

Senate Joint Resolution 12

By Senators Rucker, Arvon, Azinger, Blair, Boley, Boso, Cline, Ferns, Gaunch, Karnes, Mann, Maynard, Smith, Swope, Sypolt, and Maroney

[Introduced February 1, 2018; Referred
to the Committee on the Judiciary]

Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof, by adding thereto a new section, designated section 57, relating to authorizing the Legislature to, by general law, acknowledge legislative authority to protect innocent life, and the Legislature’s right to enact, amend, or repeal statutes regarding abortion; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2018, which proposed amendment is that article VI thereof be amended by adding thereto a new section, designated section fifty-seven, to read as follows:

ARTICLE VI.  THE LEGISLATURE.

§57.  Acknowledging legislative authority relating to protection of innocent life.

Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and State Senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Acknowledging Legislative Authority Relating to Protection of Innocent Life Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the West Virginia Constitution to acknowledge that the people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion.”

NOTE: The purpose of this resolution is to acknowledge that the people retain the right through their elected state representatives and State Senators to enact, amend, or repeal statutes regarding abortion including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.

Strike-throughs indicate language that would be stricken from a heading or the present Constitution and underscoring indicates new language that would be added.