H. B. 4392


(By Delegate Miley)
[Introduced February 4, 2008; 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 article, designated §16-2L-1, relating to banning abortions in instances when the unborn child is capable of survival if delivered; and providing a criminal penalty for violation.

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 article, designated §16-2L-1, to read as follows:
ARTICLE 2L. ABORTION BANNED IN INSTANCES WHEN UNBORN CHILD COULD SURVIVE IF BORN.

§16-2L-1. Abortion prohibited when unborn child could survive if born.

No abortion shall be performed in cases in which the unborn child is capable of survival if born or delivered. Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than three thousand dollars or imprisoned in a state correctional facility not less than three years, or both fined and imprisoned.

Nothing in this section shall be construed or interpreted to condone, permit, allow or endorse any abortion.



NOTE: The purpose of this bill is to ban abortions in instances where the fetus could survive if delivered and to provide a criminal penalty for violations.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.