Senate Bill No. 82
(By Senators Foster, Stollings, Beach, Klempa and Plymale)
[Originating in the Committee on the Judiciary;
reported February 28, 2011.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19, relating to a child’s right to nurse; and stating that a child may be breast fed in any location where the woman and child have a right to be.
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 §16-1-19, to read as follows:
ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.
§16-1-19. Child’s right to nurse; locations where permitted; right protected.
(a) The Legislature finds that breast feeding is an important, basic act of nurturing that should be protected in the interests of maternal and child health.
(b) Notwithstanding any provision of this code to the contrary, a mother may breast feed a child in any location, public or private, where the mother and child are otherwise authorized to be: Provided, That nothing in this section shall be construed to allow any person to nurse within the secure confines, including visitation areas, of a jail, prison, juvenile center or detention facility unless such a person is an inmate or resident of such facility and is nursing in a place so designated by the warden or administrator.
(NOTE: This section is new; therefore, strike-throughs and underscoring have been omitted.)