H. B. 3187


(By Delegate D. Poling)

[Introduced March 17, 2009; 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 the Department of Health and Human Resources from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law; and 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. Department of Health and Human Resources involvement in abortions limited; penalty.

The Department of Health and Human Resources is prohibited from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law. Any employee, agent or contractor of the Department of Health and Human Resources who violates the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000. Nothing in this section shall be construed or interpreted to endorse, allow, permit or approve of any abortion.



NOTE: The purpose of this bill is to prohibit the Department of Health and Human Resources from being involved in aiding or assisting any person to obtain an abortion to a greater extent than is required by law and to prescribe criminal penalties for violations of the section.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.