House Bill 3011 History
H. B. 3011
(By Delegate Rowan)
March 14, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-2-1 of the Code of West Virginia,
1931, as amended, relating to defining "the deceased" for
purposes of prescribing that a deceased victim includes an
unborn child under first and second degree murder.
Be it enacted by the Legislature of West Virginia:
That §61-2-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-1. First and second degree murder defined; allegations in
indictment for homicide.
Murder by poison, lying in wait, imprisonment, starving or by
any willful, deliberate and premeditated killing, or in the
commission of, or attempt to commit arson, kidnaping, sexual
assault, robbery, burglary, breaking and entering, escape from
lawful custody or a felony offense of manufacturing or delivering
a controlled substance as defined in article four, chapter sixty-a
of this code, is murder of the first degree. All other murder is murder of the second degree.
In an indictment for murder and manslaughter, it shall not be
necessary to set forth the manner in which, or the means by which,
the death of the deceased was caused, but it shall be sufficient in
every such indictment to charge that the defendant did feloniously,
willfully, maliciously, deliberately and unlawfully slay, kill and
murder the deceased: Provided, That, for purposes of this section,
"the deceased" means a human being, including an unborn child at
every stage of gestation in utero from conception to birth,
regardless of viability: Provided, however, That this section does
not apply to the death of an unborn child alleged to be caused by
the lawful dispensation or administration of lawfully prescribed
medication or by a medical procedure performed by a physician or
other licensed health care provider at the request of the pregnant
woman or her legal guardian: Provided further, That nothing in
this section may be construed to make it a crime to perform or
obtain an abortion which is not otherwise authorized by law.
NOTE: The purpose of this bill is to define "the deceased"
for purposes of prescribing that a deceased victim includes unborn
children under first and second degree murder.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would