H. B. 4442
(By Delegates Overington, Trump and Hall)
[Introduced
February 12, 2004
; 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
justification to use deadly force by a pregnant woman when she
reasonably believes that her unborn child's life is
threatened.
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. Deadly force justified to protect unborn child.
A pregnant woman is justified to use deadly force to protect
the life of her unborn child if she reasonably believes that her
unborn child's life is threatened, even though the woman does not
fear for her own life.
NOTE: The purpose of this bill is to provide justification to
use deadly force when a pregnant woman reasonably believes that her
unborn child's life is threatened, even though the pregnant woman
does not fear for her own life.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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