H. B. 4553
(By Delegate Wakim)
[Introduced February 14, 2006; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact §61-2-8 of the Code of West Virginia,
1931, as amended, relating to criminalizing abortion.
Be it enacted by the Legislature of West Virginia:
That §61-2-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-8. Abortion; penalty.
Any person who shall administer to, or cause to be taken by,
a woman, any drug or other thing, or use any means, with intent to
destroy her unborn child, or to produce abortion or miscarriage,
and shall thereby destroy such child, or produce such abortion or
miscarriage, shall be guilty of a felony and, upon conviction,
shall be confined in
the penitentiary a correctional facility not
less than three nor more than ten years; and if such woman die by
reason of such abortion performed upon her, such person shall be
guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good
faith, with the intention of saving the life of such woman or
child.
In circumstances under which federal or state court
decisions nullify this statute, the statute shall continue to be
enforced to the fullest extent allowed while affected by those
court decisions; and in the event those federal or state court
decisions shall no longer affect this statute, it shall immediately
resume its effects.
NOTE: The purpose of this bill is to require the continued
enforcement of §61-2-8 in circumstances under which federal or
state court decisions nullify §61-2-8; and to provide that §61-2-8
shall immediately resume its effects in the event that federal or
state court decisions shall no longer affect §61-2-8.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.