WEST virginia legislature
2017 regular session
Introduced
House Bill 2710
By Delegates Hill, Kessinger, Foster, N., Martin, Dean, Wilson, Sobonya, Arvon, blair and Miller, C.
[Introduced February
27, 2017; Referred
to the Committee on the Judiciary.]
A BILL to amend and reenact §61-8D-4a of the Code of West Virginia, 1931, as amended, relating to including unborn child or fetus in statute setting criminal penalties for child neglect resulting in death.
Be it enacted by the Legislature of West Virginia:
That §61-8D-4a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 8D. CHILD ABUSE.
§61-8D-4a. Child, unborn child or fetus neglect resulting in death; criminal penalties.
(a) If any parent, guardian
or custodian shall neglect a child, unborn child or fetus who has reached
twenty four weeks gestation under his or her care, custody or control and
by such neglect cause the death of said the child, unborn
child or fetus, then such the parent, guardian or custodian
shall be guilty of a felony and, upon conviction thereof, shall be fined not
less than $1,000 nor more than $5,000 or committed to the custody of the
Division of Corrections for not less than three nor more than fifteen years, or
both such fine and imprisonment fined and imprisoned.
(b) No child, who in lieu
of medical treatment was under treatment solely by spiritual means through
prayer in accordance with a recognized method of religious healing with a
reasonable proven record of success shall, for that reason alone, be considered
to have been neglected within the provisions of this section. A method of
religious healing shall be presumed to be a recognized method of religious
healing if fees and expenses incurred in connection with such the
treatment are permitted to be deducted from taxable income as "medical
expenses" pursuant to regulations or rules promulgated by the United
States Internal Revenue Service.
(c) A child whose parent, guardian or legal custodian has inhibited or interfered with the provision of medical treatment in accordance with a court order may be considered to have been neglected for the purposes of this section.
NOTE: The purpose of this bill is to include unborn child and fetus in statute setting criminal penalties for child neglect resulting in death.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.