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Introduced Version House Bill 2710 History

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

FISCAL NOTEWEST virginia legislature

2017 regular session

Introduced

House Bill 2710

By Delegates Hill, Kessinger, Martin, Dean, Wilson, Sobonya, 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.

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