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A BILL to amend and reenact §16-2I-7 and §16-2I-9 of the Code of West Virginia, 1931, as amended, all relating to requiring physicians and medical institutions to report where abortions have been performed due to perceived congenital defects of fetuses; providing a civil penalty for failure to report an abortion.

Be it enacted by the Legislature of West Virginia:
That §16-2I-7 and §16-2I-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.
§16-2I-7. Reporting requirements.
(a) Within ninety days of the effective date of this article, the Secretary of the Department of Health and Human Resources shall prepare a reporting form for physicians containing a reprint of this article and listing:
(1) The number of females to whom the information described in subsection (a), section two of this article was provided;
(2) The number of females to whom the physician or an agent of the physician provided the information described in subsection (b), section two of this article;
(3) The number of females who availed themselves of the opportunity to obtain a copy of the printed information described in section three of this article other than on the website;
(4) The number of abortions performed in cases involving medical emergency; and
(5) The number of abortions performed in cases not involving a medical emergency; and
(6) The number of abortions performed in cases not involving medical emergency in which a fetus was perceived as being afflicted with any significant congenital defect.
(b) The Secretary of the Department of Health and Human Resources shall ensure that copies of the reporting forms described in subsection (a) of this section are provided:
 . . .

§16-2I-9. Civil remedies.
(a) Any person upon whom an abortion has been attempted or performed without section two of this article having been complied with may maintain an action against the person who attempted to perform or did perform the abortion with a knowing or consciously, subjectively and deliberately formed intention to violate this article for compensatory damages. If the person upon whom an abortion has been attempted or performed without section two of this article having been complied with is a minor, the legal guardian of the minor may maintain an action against the person who attempted to perform or did perform the abortion with a knowing or consciously, subjectively and deliberately formed intention to violate this article for compensatory damages.
(b) Any physician or medical institution that fails to report any abortion as required under subsection (a), section seven of this article, shall be subject to a civil penalty which shall be equivalent to triple the monetary cost of the abortion performed.
NOTE: The purpose of this bill is to require physicians and medical institutions to report instances where abortions have been performed due to perceived congenital defects of fetuses while providing a civil penalty for failing to report an abortion.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.