H. B. 2517
(By
Delegates Walters, Hall and Armstead)
[Introduced
January 22, 2003; referred to the
Committee
on Health and Human Resources then the Judiciary.]
A BILL to amend chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, by adding thereto a new article,
designated article two-i, relating to abortions generally and requiring
notice of an abortion to be provided the father of the unborn child.
Be it enacted by the Legislature of West Virginia:
That
chapter sixteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended by adding thereto a new article, designated
article two-i, to read as follows:
AARTICLE 2I. NOTIFICATION OF FATHER WHEN ABORTION IS PERFORMED.
§16-2I-1. Legislative findings and intent.
The
Legislature finds that the immediate and long-range consequences of an abortion
requires that physicians ensure that the father of the unborn child is notified
of the proposed abortion. It is, therefore, the intent of the Legislature to
ensure that the father of an unborn child is aware of a proposed abortion.
§16-2I-2. Notice to father; exception; penalty.
At
least seventy-two hours before any abortion is performed in the state of West
Virginia, the father of the unborn child to be aborted shall be notified by the
physician, clinic or medical facility performing the abortion, informing him
that he has been named as the father, telling him the identity of the mother of
the unborn child, and the time and place the abortion will be performed.
This
requirement shall be waived if:
(a)
The conception of the unborn child involved a criminal offense, if the offense
has been reported and charges have been filed;
(b)
The father cannot be located, if the physician, clinic or medical facility
produces evidence that a reasonable effort has been made to locate the father;
(c)
The mother's life is endangered because of her pregnancy; and
(d)
The mother of the unborn child is unable to identify the father and she states
in writing, that she is unable to identify the father which statement shall
become a part of the permanent record and reported to the department of health
and human resources.
Nothing
in this article may be construed or interpreted to endorse, allow, permit or
approve of any abortion.
It
is unlawful for the mother of an unborn child seeking an abortion to refuse to
name the father of the child as required by this section. Any person who
violates this provision is guilty of a misdemeanor and, upon conviction thereof,
shall be fined an amount equal to the cost of the abortion.
It
is unlawful for a physician, clinic or medical facility to fail to notify the
father of an unborn child as required by the provisions of this article. Any
person who violates this provision is guilty of a misdemeanor and, upon
conviction thereof, shall be fined an amount equal to ten times the cost of the
abortion.
NOTE:
The purpose of this bill is to require that a woman contemplating an abortion
provide the name of the father to the physician, clinic or medical facility
performing the abortion and to require the physician, clinic or medical facility
to notify the father of the proposed abortion.
This
article is new; therefore, strike-throughs and underscoring have been omitted.