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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-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:
ARTICLE 16. ABORTION BANNED IN INSTANCES WHEN UNBORN CHILD COULD SURVIVE IF
BORN.
§16-2K-1. Abortion prohibited when unborn child could survive if born
That the Code of West Virginia, 1931, as amended, be amended by adding
thereto a new article, designated §16-2K-1, to read as follows:
.
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.
This article is new; therefore, strike-throughs and underscoring have been
omitted.