H. B. 2941
(By Delegate Wakim)
[Introduced March 8, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §61-2-8 the Code of West Virginia,
1931, as amended, relating to banning abortions; and providing
a criminal penalty for violations.
Be it enacted by the Legislature of West Virginia:
That §61-2-8 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 guilty of a felony, and, upon conviction,
shall be confined in the penitentiary not less than three nor more
than ten years; and if such woman die by reason of such abortion
performed upon her, such person shall be 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.
The performing of any abortion is hereby banned and illegal in
the State of West Virginia, to the fullest extent permitted under
the United States and West Virginia Constitutions.
An exception to the requirements of this statute shall apply
in cases in which the life of the mother is in imminent danger.
Any person who performs any abortion in violation of this
section shall be imprisoned for a minimum of two years, for each
The purpose of this bill is to
ban abortions in West
Virginia; and providing a criminal penalty for violation.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would