Introduced Version
Senate Bill 249 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 249
(By Senators Love and Weeks)
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[Introduced February 22, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
providing that when, during the course of an abortion
procedure, a fetus is aborted alive, all available medical
means be utilized to preserve its life; and prescribing
criminal penalties for violations of said section.
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 §33-42-9, to read as
follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Requirement to preserve life when fetus aborted alive.
In cases in which, during the course of an abortion procedure,
a fetus is aborted alive, it is required that all available medical means be utilized to preserve, promote and maintain its life. Any
person who violates the provisions of this section is guilty of a
felony and, upon conviction thereof, shall be fined not less than
one thousand nor more than five thousand dollars or imprisoned in
a correctional facility for not less than one nor more than three
years, or both fined and imprisoned. Nothing in this section may
be construed or interpreted to endorse, allow, permit, or approve
of any abortion.
NOTE: The purpose of this bill is to provide that when,
during the course of an abortion procedure, a fetus is aborted
alive, that all available medical means be utilized to preserve its
life. The bill would make a violation of the section a felony.
This section is new; therefore, strike-throughs and
underscoring have been omitted.