[LG-20: ultrasound offered]

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H. B. 3195

(By Delegate Carmichael)

[Introduced March 24, 2005; 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 §33-42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of the section; and providing nothing in the section that can be construed as approving of abortion.

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 that woman seeking abortion be given opportunity to see ultrasound image of fetus.

Before any medical practitioner may perform an abortion, he or she shall afford the woman seeking the abortion an opportunity to view an ultrasound image of her unborn child. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars. Nothing contained in this section may be construed or interpreted to endorse, allow, permit or approve of abortion.

NOTE: The purpose of this bill is to require every woman seeking an abortion to be given the opportunity to see an ultrasound image of the fetus. The bill also prescribes a criminal penalty for violations of the section. It also provides that nothing in the section can be construed as approving of abortion.

This section is new; therefore, strike-throughs and underscoring have been omitted.