H. B. 4492
(By Delegate Webb ((By Request))
[Introduced February 10, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article five, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
eighteen-a, article seven, chapter twenty of said code; and to
amend article two, chapter sixty-one of said code by adding
thereto a new section, designated section thirty, all relating
to creating a separate crime for the death of a viable fetus
caused by the criminal slaying of the mother of the fetus.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section eighteen-a, article
seven, chapter twenty of said code be amended and reenacted; and
that article two, chapter sixty-one of said code be amended by
adding thereto a new section, designated section thirty, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-1. Negligent homicide; penalties.
(a) When the death of any person ensues within one year as a
proximate result of injury received by the driving of any vehicle
anywhere in this state in reckless disregard of the safety of
others, the person so operating such vehicle shall be guilty of
negligent homicide.
(b) Any person convicted of negligent homicide shall be
punished by imprisonment for not more than one year or by fine of
not less than one hundred dollars nor more than one thousand
dollars, or by both such fine and imprisonment.
(c) The commissioner shall revoke the license or permit to
drive and any nonresident operating privilege of any person
convicted of negligent homicide.
(d) For purposes of this section "any person" shall include
any viable fetus of a human being when that term refers to the
victim of any act made criminal by the provisions of this section.
A viable fetus is defined as being that stage of fetal
development when, in the judgment of the physician based upon the
particular facts of the case before him or her and in light of the
most advanced medical technology and information available to him
or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or
without artificial support.
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.
§20-7-18a. Negligent homicide; penalties.
(a) When the death of any person ensues within one year as a
proximate result of injury received by operating any motorboat or
vessel anywhere in this state in reckless disregard of the safety
of others, the person so operating such motorboat or vessel shall
be guilty of negligent homicide.
(b) Any person convicted of negligent homicide shall be
punished by imprisonment for not more than one year or by fine of
not less than one hundred dollars nor more than one thousand
dollars, or by both such fine and imprisonment.
(c) The director shall suspend the privilege to operate a
motorboat or vessel in this state for a period of five years from
the date of conviction.
(d) For purposes of this section "any person" shall include
any viable fetus of a human being when that term refers to the
victim of any act made criminal by the provisions of this section.
A viable fetus is defined as being that stage of fetal
development when, in the judgment of the physician based upon the
particular facts of the case before him or her and in light of the most advanced medical technology and information available to him
or her, there is a reasonable likelihood of sustained survival of
the unborn child outside the body of his or her mother, with or
without artificial support.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-30. VIABLE FETUS AS VICTIM.
Any reference to the victim of a criminal homicide shall
include any viable fetus of that human being who was the victim of
any act of homicide made criminal by the provisions of this
article.
A viable fetus is defined as being that stage of fetal
development when, in the judgment of the physician based upon the
particular facts of the case before him or her and in light of the
most advanced medical technology and information available to him
or her, there is a reasonable likelihood of sustained survival of
the unborn child outside the body of his or her mother, with or
without artificial support.
NOTE: This bill provides for creating separate criminal
liability for killing the viable fetus of the mother who is a
victim of a criminal homicide.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§61-2-30 is new; therefore, strike-throughs and underscoring
have been omitted.