H. B. 2846
(By Delegate Louisos)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-2-8 of the Code of West Virginia,
1931, as amended, relating to criminalizing abortion.
Be it enacted by the Legislature of West Virginia:
That §61-2-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-8. Abortion; penalty.
Any person who shall administer to, or cause to be taken by,
a woman, any drug or other thing, or use any means, with intent to
destroy her unborn child, or to produce abortion or miscarriage,
and shall thereby destroy such child, or produce such abortion or
miscarriage, shall be is guilty of a felony and, upon conviction,
shall be confined in the penitentiary a correctional facility not
less than three nor more than ten years; and if such the woman die
dies by reason of such abortion performed upon her, such that person
shall be is guilty of murder. No person, by reason of any
act mentioned in this section, shall be punishable where such act
is done in good faith, with the intention of saving the life of
such woman or child.
In circumstances under which federal or state
court decisions nullify this statute, the statute shall continue to
be enforced to the fullest extent allowed while affected by those
court decisions; and in the event those federal or state court
decisions shall no longer affect this statute, it shall immediately
resume its effects.
NOTE: The purpose of this bill is to require the continued
enforcement of §61-2-8 in circumstances under which federal or
state court decisions nullify §61-2-8; and to provide that §61-2-8
shall immediately resume its effects in the event that federal or
state court decisions shall no longer affect §61-2-8.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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