Senate Bill No. 89
(By Senator Love)
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[Introduced January 9, 2008; referred to the Committee on Health
and Human Resources; and then to the Committee on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
providing that when, during the course of an abortion
procedure, a fetus is aborted alive, all available medical
means be used to preserve its life; and prescribing 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 to preserve life when fetus aborted alive.
In cases in which, during the course of an abortion procedure,
a fetus is aborted alive, it is required that all available medical
means be used to preserve, promote and maintain its life. Any person who violates the provisions of this section is guilty of a
felony and, upon conviction thereof, shall be fined not less than
one thousand nor more than five thousand dollars, imprisoned in a
correctional facility for not less than one nor more than three
years, or both. 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 provide that when, during
the course of an abortion procedure, a fetus is aborted alive, that
all available medical means be used to preserve its life. The bill
would make a violation of the section a felony.
This section is new; therefore, strike-throughs and
underscoring have been omitted.