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Introduced Version House Bill 2971 History

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hb2971 intr
H. B. 2971


(By Delegates Brown, Webster, Hatfield,
Marshall and Amores)
[Introduced March 10, 2005; referred to the
Committee on Health and Human Resources the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that a woman who does not obtain an abortion because of the influence of a person, organization or group, has a cause of action against the person, organization or group, if the subsequent pregnancy and delivery results in any physical, mental or emotional injury to the woman or child; providing that damages may not be limited in spite of the execution of a consent form; and, providing that the cause of action is not subject to a statute of limitations.

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 §33-42-9, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Right of action for injuries.
In the event a woman seeks an abortion in this state and is coerced into not obtaining the abortion by any anti-abortion person, organization or group, and the subsequent pregnancy and birth results in physical, mental or emotional damages to the woman, her child or both, the woman and the child shall maintain the right to a cause of action against the anti-abortion person, organization or group for such physical, mental or emotional injuries sustained. This right may not be abated or limited by the execution of any consent, waiver or other document purporting to limit or prohibit a cause of action. The rights of a woman and her child hereunder are not subject to any time limitation.



NOTE: The purpose of this bill is to provide that a woman who does not obtain an abortion because of the influence of a person, organization or group, has a cause of action against the person, organization or group, i.e., if the subsequent pregnancy and delivery results in any physical, mental or emotional injury to the woman or child. The bill also provides that damages may not be limited in spite of the execution of a consent form and that the cause of action is not subject to a statute of limitations.


This section is new; therefore, strike-throughs and underscoring have been omitted.
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