H. B. 2129


(By Delegates Lane, Porter, Blair and Sumner)

[Introduced January 9, 2008; 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 article, designated §16-2K-1, relating to banning partial birth abortions in instances when the unborn child is capable of survival if delivered.

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 article, designated §16-2K-1, to read as follows:

ARTICLE 16. PARTIAL BIRTH ABORTION BANNED IN INSTANCES WHEN UNBORN CHILD COULD SURVIVE IF BORN.

§16-2K-1. Partial birth abortion banned in instances when unborn child could survive if born.

The procedure commonly referred to as partial birth abortion shall not be performed in cases in which the unborn child is capable of survival if born or delivered.
Nothing in this section shall be construed or interpreted to condone, permit, allow or endorse any abortion.


NOTE: The purpose of this bill is to ban partial birth abortions in instances where the fetus could survive if delivered.

This article is new; therefore, strike-throughs and underscoring have been omitted.