H. B. 3038
(By
Delegate Howard)
[Introduced
February 17, 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 requiring all abortions
performed during the second or third trimester to be performed in a hospital;
and providing criminal penalties for violations.
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. Requirement that certain abortions be performed in hospitals.
No
abortion procedure may be performed during the second or third trimester unless
so performed in a hospital. Any person who violates this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than one
thousand nor more than five thousand dollars or imprisoned in a county or
regional jail up to six months, or both fined and imprisoned. Nothing 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 require all abortions performed during the second
or third trimester to be performed in hospitals. The bill also provides criminal
penalties for violations.
This
section is new; therefore, strike-throughs and underscoring have been omitted.