H. B. 4613
(By Delegates L. Smith (By Request),
Hall (By Request), and Walters)
[Introduced February 22, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-i, relating to
abortions generally and requiring warnings of increased risk
of breast cancer.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article two-i, to read as
follows:
AARTICLE 2I. ABORTIONS BREAST CANCER WARNING.
§16-2I-1. Legislative findings and intent.
The Legislature finds that the immediate and long-range consequences of an abortion requires that physicians ensure that a
person seeking an abortion consider all factors, physical and
otherwise, before an abortion is performed. The Legislature
further finds that discussion of the long-term consequences of
abortion is desirable and in the best interests of the patient.
It is, therefore, the intent of the Legislature to further
these interests by enacting this breast cancer warning provision.
§16-2I-2. Increased risk of cancer warning.
Before an abortion is performed in this state, the woman
aborting her unborn child shall receive current and relevant
information about any possible increased risk of breast cancer due
to the abortion from her physician.
§16-2I-3. Penalty.
Any person
who violates the provisions of this article is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount equal to ten times the cost to the patient of the
abortion.
NOTE: The purpose of this bill is to require that a woman
contemplating an abortion be given current and relevant information
about any possible increased risk of breast cancer due to the
abortion.
This article is new; therefore, strike-throughs and
underscoring have been omitted.