H. B. 3038
(By Delegate Howard)
[Introduced February 17, 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 requiring all abortions performed during the
second or third trimester to be performed in a hospital; and
providing criminal penalties for violations.
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. Requirement that certain abortions be performed in hospitals.
No abortion procedure may be performed during the second or
third trimester unless so performed in a hospital. Any person who
violates this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than one thousand nor
more than five thousand dollars or imprisoned in a county or
regional jail up to six months, or both fined and imprisoned.
Nothing 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
require all abortions
performed during the second or third trimester to be performed in
hospitals. The bill also provides criminal penalties for
violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.