HB302 H JUD AM #1

CR 3338

The Committee on the Judiciary moved to amend the bill on page 5, after line 56, by inserting the following:


§16-2M-7. Severability.

If any one or more provisions, sections, subsections, sentences, clauses, phrases or words of this article or the application thereof to any person or circumstance is found to be unconstitutional or temporarily or permanently restrained or enjoined by judicial order, or both, the same is declared to be severable and the balance of this article shall remain effective notwithstanding such judicial decision, including for all other applications of each of the provisions, sections, subsections, sentences, clauses, phrases or words of this article: Provided, That whenever any judicial decision is stayed, dissolved, or otherwise ceases to have effect, such provisions shall have full force and effect.

Effective from the date of passage, this article is no longer effective unless any provision of §16-2R-1 et seq. or any provision of §61-2-8 is found to be unconstitutional as provided in §16-2R-7.";


On page 10, section 2, line 6, by inserting the following:

“Born alive” means the complete expulsion or extraction from its mother of the fetus, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.";


On page 10, section 2, line 9, by striking, "pregnancy in which the fetus" and inserting in lieu thereof, "fertilized egg";


On page 13, section 5, line 1, by striking "§16-2R-3(a)(1)(A)-(B)" and inserting, "§16-2R-3 (A) and (B)";


On page 14, line 28 by striking, "Attorney General" and inserting in lieu thereof, "The West Virginia Supreme Court of Appeals";


On page 16, line 77, by striking out subsection (o) in its entirety, and inserting a new subsection (o) to read as follows:

"(o) In addition to the requirements provided in this section, if a physician performs or attempts to perform an abortion, in accordance with the provisions of §16-2R-3, that results in a child being born alive the physician shall:

(1) Exercise the same degree of reasonable medical judgment to preserve the life and health of the child as a physician would render to any other child born alive at the same gestational age; and

(2) Ensure that the child born alive is immediately transported and admitted to a hospital."