H. B. 3041



(By Delegate Walters)



[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 prohibiting the department of health and
human resources from being involved in aiding or assisting any
person to obtain an abortion to a greater extent than is
required by law and prescribing criminal penalties 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. Department of health and human resources involvement in
abortions limited; penalty.

The department of health and human resources is hereby
prohibited from being involved in aiding or assisting any person to
obtain an abortion to a greater extent than is required by law.
Any employee, agent or contractor of the department of health and
human resources who violates the requirements of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than one thousand dollars nor more than five
thousand dollars. 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
prohibit the Department
of Health and Human Resources from being involved in aiding or
assisting any person to obtain an abortion to a greater extent than
is required by law and to prescribe criminal penalties for
violations of the section.

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