H. B. 2166
(By Delegates Overington, Rowan, Evans and Blair)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-8a, relating to
justification to use deadly force by a pregnant woman when she
reasonably believes that her unborn child's life is
threatened.
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 §61-2-8a, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-8a. Deadly force justified to protect unborn child.
A pregnant woman is justified to use deadly force to protect
the life of her unborn child if she reasonably believes that her
unborn child's life is threatened by a criminal action, even though
the woman does not fear for her own life.
NOTE: The purpose of this bill is to provide justification to
use deadly force when a pregnant woman reasonably believes that her
unborn child's life is threatened, even though the pregnant woman
does not fear for her own life.
This section is new; therefore, strike-throughs and
underscoring have been omitted.