H. B. 2923
(By Delegates Lane, Stephens, Porter, Blair and Sumner)
[Introduced March 7, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §16-2J-1, relating to
banning partial birth abortions in instances when the unborn
child is capable of survival if delivered.
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 article, designated §16-2J-1, to read as
ARTICLE 16. PARTIAL BIRTH ABORTION BANNED IN INSTANCES WHEN UNBORN
CHILD COULD SURVIVE IF BORN.
§16-2J-1. Partial birth abortion banned in instances when unborn
child could survive if born
The procedure commonly referred to as partial birth abortion
shall not be performed in cases in which the unborn child is
capable of survival if born or delivered.
Nothing in this section shall be construed or interpreted to
condone, permit, allow or endorse any abortion.
NOTE: The purpose of this bill is to ban partial birth
abortions in instances where the fetus could survive if delivered.
This article is new; therefore, strike-throughs and
underscoring have been omitted.