H. B. 2895
(By Delegates Rowan, Stevens, Porter and Roberts)
[Introduced March 7, 2005; referred to the
Committee on Health and Human Resources then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-10-32, relating
to requiring physicians to take steps designed to save the
life of a child delivered alive during an abortion procedure;
and prescribing criminal penalties for violations of the
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 §61-10-32, to read as
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-32. Physicians performing abortions must take measures
designed to save the life of any aborted live fetus.
(a) It shall be unlawful for any physician performing an
abortion that results in the delivery of a living child to intentionally allow or cause the child to die.
(b) If the child is viable, such child shall be immediately
provided appropriate medical care and comfort care necessary to
sustain life. If the child is not viable, such child shall be
provided comfort care. The provision of this section shall
include, but not be limited to, a child born with physical or
mental handicapping conditions which, in the opinion of the parent,
the physician or other persons, diminishes the quality of the
child's life, a child born alive during the course of an attempted
abortion and a child not wanted by the parent.
(c) As used in this section the term "child" includes every
infant member of the species homo sapiens who is born alive at any
stage of deployment.
(d) Any person who violates this section shall be guilty of a
felony and, upon conviction, be imprisoned for not less than one
year nor more than ten years in the correctional facility and fined
not more than fifty thousand dollars, but not less than twenty-five
(e) This article shall take effect and be in force from and
after the first day of July, two thousand five.
NOTE: The purpose of this bill is to
require physicians to
take steps designed to save the life of a child delivered alive
during an abortion procedure. The bill also prescribes criminal
penalties for violations of this section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.