H. B. 4648


(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 abortion; requiring anesthesia for abortion of unborn children older than twelve weeks gestation; and providing penalties for violation.

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:
 IARTICLE 2I. ABORTION OF FETUS OLDER THAN TWELVE WEEKS.
§16-2I-1. Abortion of fetus older than twelve weeks prohibited unless anesthesia administered to fetus.

The abortion of any unborn child older than twelve weeks gestation shall not occur unless anesthesia has been administered to the unborn child to be aborted: Provided, That nothing in this article may be construed to permit, endorse, allow or approve of any abortion.
§16-2I-2. Penalties.

Any person who knowingly performs an abortion on an unborn child older than twelve weeks without administering the anesthesia as required in section one of this article shall be fined an amount not less than ten times the cost of the abortion.

NOTE: The purpose of this bill is to require anesthesia for abortion of unborn children older than twelve weeks gestation. It also provides penalties for violation.

This article is new; therefore, strike-throughs and underscoring have been omitted.