H. B. 4649
(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 article two-f, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section six-a,
relating to reporting requirements of abortions because of
handicap or deformity.
Be it enacted by the Legislature of West Virginia:
That article two-f, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six-a,
to read as follows:
ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON
UNEMANCIPATED MINORS.
§16-2F-6a. Reporting requirements of abortions because of handicap or deformity.
The abortion of any unborn child for the sole reason of
handicap or deformity shall be reported by the clinic or medical
facility performing the abortion to the department of health and
human resources as an instance of discrimination based upon the
handicap. The department of health and human resources shall keep
a record of how many of these abortions occur, when they occur, and
at what age of gestation they occur. Any clinic or medical
facility that violates this provision shall be fined not less than
ten times the total cost of the abortion in question.
Nothing in this section shall be construed or interpreted to
endorse, allow, permit or approve of any abortion.
NOTE: The purpose of this bill is to require clinics or
facilities that perform abortions on unborn children for the sole
reason of handicap or deformity to report to the Department of
Health and Human Resources when they occur, how many of these
abortions occur and at what age of gestation they occur; and
providing a fine for failing to comply with the reporting
requirements.
This section
is new; therefore, strike-throughs and
underscoring have been omitted.