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Introduced Version House Bill 2941 History

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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:


§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 offense.

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 be added.
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