H. B. 3041



(By
Delegate Walters)



[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 prohibiting the department
of health and human resources from being involved in aiding or assisting any
person to obtain an abortion to a greater extent than is required by law and
prescribing criminal penalties 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. Department of health and human resources involvement in abortions
limited; penalty.

The
department of health and human resources is hereby prohibited from being
involved in aiding or assisting any person to obtain an abortion to a greater
extent than is required by law. Any employee, agent or contractor of the
department of health and human resources who violates the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than one thousand dollars nor more than five thousand dollars. Nothing
in this section shall be construed or interpreted to endorse, allow, permit or
approve of any abortion.

NOTE:
The purpose of this bill is to prohibit the Department of
Health and Human Resources from being involved in aiding or assisting any person
to obtain an abortion to a greater extent than is required by law and to
prescribe criminal penalties for violations of the section.

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