H. B. 2936
(By Delegates Romine, Walters and Schoen)
[Introduced February 10, 2003; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend article forty-two, chapter thirty-three of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nine, relating to prohibiting the performance of any abortion
when the woman seeking it is doing so solely on account of the
gender of the fetus; prescribing a criminal penalty for
violations of the section.
Be it enacted by the Legislature of West Virginia:
That article forty-two, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section nine,
to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Prohibition on abortions motivated by gender of fetus.
Prior to performing any abortion, a medical practitioner shall
take reasonable measures to determine the motivation of the woman
seeking to abort her fetus. In the event the sole motivation for
seeking to abort the fetus is based on the woman's knowledge of the
gender of the fetus, it is unlawful to perform the abortion. Any
person who violates the requirements of this section is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than five hundred dollars nor more than one thousand dollars.
Nothing contained in this section may be construed or interpreted
to endorse, allow, permit or approve of any abortion.
NOTE: The purpose of this bill is to
prohibit the performance
of any abortion when the woman seeking it is doing so solely on
account of the gender of the fetus. The bill also prescribes a
criminal penalty for violations of the section.
This section is new; therefore, strike-throughs and
underscoring have been omitted.