H. B. 2289



(By Delegates Walters, Hall,



Armstead and Overington)



[Introduced January 15, 2003; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend article ten, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section thirty-two,
relating generally to crimes; making it a misdemeanor offense
for any employee of the department of health and human
resources to expend, in any way, the resources of the division
in aid of abortion; penalty.
Be it enacted by the Legislature of West Virginia:

That article ten, chapter sixty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-two, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-32. Acts in aid of abortion; department of human resources
employees; penalty.
It shall be unlawful for any employee of the West Virginia
department of health and human resources, except as required by
law, to in any way expend any resource or resources of the
department or the state of West Virginia in aid of the practice of
abortion or any specific abortion, which includes, but is not
limited to, contributing money or time which assists or promotes
abortions or any abortion, and any person who shall violate any
provision of this section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than one nor more
than three thousand dollars.

NOTE: The purpose of this bill is to impose a criminal
penalty upon any employee of the Department of Health and Human
Resources who expends or exhausts department or state resources for
abortions or any abortion, except as required to be expended by
law.

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