H. B. 4638
(By Delegate Frich)
[Introduced
February 26, 2004
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
prohibiting abortions in cases when a fetus is capable of
survival outside the mother's womb; prescribing criminal
penalties for violations of the 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 capable of
survival.
In cases in which an unborn fetus is viable and capable of
survival outside the mother's womb, a person shall neither perform
nor knowingly submit to, an abortion. A person that violates this section is guilty of a felony and, upon conviction thereof, shall
be fined not less than five thousand dollars nor more than twenty
thousand dollars or confined in a correctional facility no less
than two, nor more than twenty years. 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 prohibit abortions in
cases when a fetus is capable of survival outside the mother's
womb.
This section is new; therefore, strike-throughs and
underscoring have been omitted.