H. B. 2936
(By
Delegates Romine, Walters and Schoen)
[Introduced
February 10, 2003; referred to the
Committee
on Health and Human Resources then the Judiciary.]
A BILL to amend article forty-two, chapter thirty-three of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto
a new section, designated section nine, relating to prohibiting the
performance of any abortion when the woman seeking it is doing so solely on
account of the gender of the fetus; prescribing a criminal penalty for
violations of the section.
Be it enacted by the Legislature of West Virginia:
That
article forty-two, chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding thereto a new
section, designated section nine, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Prohibition on abortions motivated by gender of fetus.
Prior
to performing any abortion, a medical practitioner shall take reasonable
measures to determine the motivation of the woman seeking to abort her fetus. In
the event the sole motivation for seeking to abort the fetus is based on the
woman's knowledge of the gender of the fetus, it is unlawful to perform the
abortion. Any person who violates the requirements of this section is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less than five
hundred dollars nor more than one thousand dollars. Nothing contained 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 prohibit the performance of
any abortion when the woman seeking it is doing so solely on account of the
gender of the fetus. The bill also prescribes a criminal penalty for violations
of the section.
This
section is new; therefore, strike-throughs and underscoring have been omitted.