H. B. 2422
(By Delegates Sumner, Frich, Howard and Sobonya)
[Introduced
January 11, 2006
; referred to the
Committee on the Judiciary.]
A BILL to amend
the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§61-2-8a
, relating to
providing a separate offense when a person causes death or
serious injury to an unborn child while attempting to cause
death or serious bodily injury to a pregnant woman, and
provides for a penalty.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated
§61-2-8a
, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-8a. Separate offense when causing death or serious injury to
an unborn child; penalty.
Any person who causes death or serious injury to an unborn
child while attempting to cause death or serious injury to a pregnant mother shall be considered to have committed two separate
offenses, one offense against the pregnant mother and one offense
against the unborn child.
Any person that violates this section is guilty of a felony
and, upon conviction thereof, shall be fined not less than one
thousand dollars nor more than five thousand dollars, or imprisoned
in a state correctional facility not less than one year nor more
than five years, or both fined and imprisoned.
NOTE: The purpose of this bill is to provide a separate
offense when a person causes death or serious bodily injury to an
unborn child while attempting to cause death or serious bodily
injury to a pregnant woman, and provides for a penalty.
This section is new; therefore, strike-throughs and
underscoring have been omitted.