H. B. 3004
(By Delegates Shaver, J. Miller,
Andes and Overington)
[Introduced February 12, 2007; 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 §16-19-3b, relating
to prohibiting the use of the body of an unborn baby for any
medical experimentation or scientific investigation except as
necessary to diagnose a disease or condition suspected to
exist in the mother's or fetus's body; and prescribing
criminal penalties for violation of the section.
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 §16-19-3b, to read as
follows:
ARTICLE 19. ANATOMICAL GIFT ACT.
§16-19-3b. Prohibition against using bodies of fetuses for
certain purposes.
The body of an unborn fetus may not be used for any medical experimentation or scientific investigation, except as necessary to
diagnose a disease or condition suspected to exist in the body of
the mother or the fetus. Any person who violates the provisions of
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 up to six months in jail, or
both fined and imprisoned.
NOTE: The purpose of this bill is to prohibit the use of the
body of an unborn baby to be used for any medical experimentation
or scientific investigation, except as necessary to diagnose a
disease or condition suspected to exist in the mother's or fetus's
body. The bill also prescribes criminal penalties for violation
of the section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.