H. B. 2952


(By Delegates Frich, Stevens and Tansill)

[Introduced March 9, 2005 ; referred to the

Committee on Health and Human Resources then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to requiring all abortions performed during the second or third trimester be performed in a hospital; and providing criminal penalties for violations.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §33-42-9, 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 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.