Senate Bill No. 43
(By Senators Barnes, Blair and Walters)
[Introduced February 13, 2013; referred to the Committee on
Health and Human Resources; and then to the Committee on the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, 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; and prescribing a criminal penalty for violations of
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
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 $500 nor more than $1,000. 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.