H. B. 2302
(By Delegates Romine and Schoen)
[Introduced January 13, 2010; 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 performance of any abortion when the woman
seeking it is doing so solely on account of the gender of the
fetus; prescribing a criminal penalty 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. Prohibition on abortions motivated by gender of fetus.
Prior to performing any abortion, a medical practitioner shall
take reasonable measures to determine the motivation of the woman
seeking to abort her fetus. In the event the sole motivation for seeking to abort the fetus is based on the woman's knowledge of the
gender of the fetus, it is unlawful to perform the abortion. Any
person who violates the requirements of this section is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than $500.00 nor more than $1,000.00. Nothing contained 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 the performance
of any abortion when the woman seeking it is doing so solely on
account of the gender of the fetus. The bill also prescribes a
criminal penalty 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.