H. B. 2198

         (By Delegate Shaver)

         [Introduced January 11, 2012

; 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 §16-19-3b, relating to prohibiting the use of the body of an unborn fetus for medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother’s or fetus’s body; and prescribing criminal penalties for violation 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 §16-19-3b, to read as follows:

ARTICLE 19. ANATOMICAL GIFT ACT.

§16-19-3b. Prohibition against using bodies of fetuses for certain              purposes.

    The body of an unborn fetus may not be used for medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the body of the mother or the fetus. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than $1,000 nor more than $5,000 or confined in jail not more than six months or both fined and confined.

    NOTE: The purpose of this bill is to prohibit the use of the body of an unborn fetus for medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother’s or fetus’s body. The bill also prescribes criminal penalties for violation of the section.

    This section is new; therefore, it has been completely underscored.