Senate Bill No. 184
(By Senators Smith and Weeks)
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[Introduced January 16, 2004; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated
§33-42-9
, relating to
requiring all abortions performed during the second or third
trimester be performed in a hospital; and providing criminal
penalties for violations.
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. Requirement that certain abortions be performed in
hospitals.
No abortion procedure may be performed during the second or
third trimester unless so performed in a hospital. Any person who
violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand nor
more than five thousand dollars or imprisoned in a county or
regional jail up to six months, or both fined and imprisoned.
Nothing 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
require all abortions
performed during the second or third trimester to be performed in
hospitals. The bill also provides criminal penalties for
violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.