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H. B. 2934

(By Delegates Overington and Hall)

[Introduced February 10, 2003; referred to the

Committee on Health and Human Resources then the Judiciary.]

A BILL to amend article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eight-a, relating to justification to use deadly force by a pregnant woman when she reasonably believes that her unborn child's life is threatened.

Be it enacted by the Legislature of West Virginia:

That article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eight-a, to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-8a. Deadly force justified to protect unborn child.

A pregnant woman is justified to use deadly force to protect the life of her unborn child if she reasonably believes that her unborn child's life is threatened, even though the woman does not fear for her own life.

NOTE: The purpose of this bill is to provide justification to use deadly force when a pregnant woman reasonably believes that her unborn child's life is threatened, even though the pregnant woman does not fear for her own life.

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