H. B. 3299
(By Delegates Brown, Hrutkay, Webster and Hatfield)
[Introduced March 25, 2005; referred to the
Committee on Health and Human Resources then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
requiring faith-based, abstinence only and antichoice
facilities that counsel women regarding pregnancy,
contraceptives, abortions or childbirth to warn women of the
risks inherent to each option; and providing for misdemeanor
penalties for failure to provide the information.
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
ARTICLE 42. WOMEN'S ACCESS TO HEALTH-CARE ACT.
§33-42-9. Requiring certain facilities to provide warnings of
risks inherent to pregnancies, abortions and
(a) When any faith-based, abstinence-only or antichoice
facility provides information to any girl or woman regarding
contraceptives, pregnancy, adoption, abortions, childbirth or child
rearing, the facility shall certify, in writing that it has
provided the girl or woman information regarding the health,
emotional, psychological and economic risks inherent to each
procedure of choice.
(b) Any facility or person violating the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than one thousand dollars nor more than
five thousand dollars.
(c) Nothing in this section may be construed or interpreted to
condone, permit, allow or endorse any form of coercion for a girl
or woman regarding any means of contraception, abortion, childbirth
or child care.
NOTE: The purpose of this bill is to require faith-based,
abstinence-only and antichoice facilities to warn girls and women
about the risks inherent in the various choices of contraception,
abortions and pregnancy. A criminal penalty is provided for
This section is new; therefore, strike-throughs and
underscoring have been omitted.