H

H. B. 2943

(By Delegates Sumner, Frich,

Smirl, Howard and Sobonya)

[Introduced February 10, 2003; referred to the

Committee on 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 providing a separate offense when a person causes death or serious injury to an unborn child while attempting to cause death or serious bodily injury to a pregnant woman, and provides for a penalty.

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. Separate offense when causing death or serious injury to an unborn child; penalty.

Any person who causes death or serious injury to an unborn child while attempting to cause death or serious injury to a pregnant mother shall be considered to have committed two separate offenses, one offense against the pregnant mother and one offense against the unborn child.

Any person that violates this section is guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand, or imprisoned in a state correctional facility not less than one year nor more than five years, or both fined and imprisoned.

NOTE: The purpose of this bill is to provide a separate offense when a person causes death or serious bodily injury to an unborn child while attempting to cause death or serious bodily injury to a pregnant woman, and provides for a penalty.

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