HB 3011 Text

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Introduced Version House Bill 3011 History

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hb3011 intr H. B. 3011

(By Delegate Rowan)
[Introduced 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 be added.