H. B. 4392
(By Delegate Miley)
[Introduced February 4, 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 §16-2L-1, relating to
banning abortions in instances when the unborn child is
capable of survival if delivered; and providing a criminal
penalty for violation.
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 §16-2L-1, to read as
follows:
ARTICLE 2L. ABORTION BANNED IN INSTANCES WHEN UNBORN CHILD COULD
SURVIVE IF BORN.
§16-2L-1. Abortion prohibited when unborn child could survive if
born
.
No abortion shall be performed in cases in which the unborn
child is capable of survival if born or delivered. Any person violating the provisions of this section is guilty of a felony and,
upon conviction thereof, shall be fined not more than three
thousand dollars or imprisoned in a state correctional facility not
less than three years, or both fined and imprisoned.
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 abortions in
instances where the fetus could survive if delivered and to provide
a criminal penalty for violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.