HB302 SFA Stollings #4 7-29

Parsley  7816

Senators Romano, Baldwin, Beach, Brown, Caputo, Geffert, Jeffries, Lindsay, and Stollings moved to amend the amendment on page 23, section eight, by striking out all of section eight, and inserting in lieu thereof a new designated section eight, to read:

§33-42-8. Partial-birth abortions prohibited; criminal penalties; exception; repeal of section creating a to intentionally cause an abortion or miscarriage.

(a)Any person who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and, shall be fined not less than $10,000, nor more than $50,000, or imprisoned not more than two years, or both fined and imprisoned. This section does not apply to a partial-birth abortion that is necessary to save the life of a mother when her life is endangered by a physical disorder, illness or injury.

(b)If a pregnant woman presents with a medical condition, treatment must be provided within the reasonable medical judgement of licensed medical professional until the medical condition is resolved or stabilized. No licensed medical professional shall be subjected to criminal punishment or penalties for providing medical care to pregnant women.

(c)The §61-2-8 of the West Virginia Code, 1931, as amended be repealed.

(d)Effective from the reenactment of this section during the third extraordinary session of the Legislature, 2022.

Adopted

Rejected