Introduced Version
House Bill 2533 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2533
(By Delegates Sumner, Howard and Sobonya)
[Introduced
February 21, 2005
; referred to the
Committee on Health and Human Resources then 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 felony offense for a person convicted of
causing the death or serious injury to an unborn child while
attempting to cause death or serious bodily injury to a
pregnant woman; and providing 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 nor more than five thousand, 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
felony offense for a person convicted of causing the 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.
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