H. B. 2941
(By Delegate Wakim)
[Introduced March 8, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §61-2-8 the Code of West Virginia, 1931, as
amended, relating to banning abortions; and providing a criminal penalty for
violations.
Be it enacted by the Legislature of West Virginia:
That §61-2-8 the Code of West Virginia, 1931, as amended, be amended
and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-8. Abortion; penalty.
Any person who shall administer to, or cause to be taken by,
a woman, any drug or other thing, or use any means, with intent to destroy her
unborn child, or to produce abortion or miscarriage, and shall thereby destroy
such child, or produce such abortion or miscarriage, shall be guilty of a
felony, and, upon conviction, shall be confined in the penitentiary not less
than three nor more than ten years; and if such woman die by reason of such
abortion performed upon her, such person shall be guilty of murder. No
person, by reason of any act mentioned in this section, shall be punishable
where such act is done in good faith, with the intention of saving the life of
such woman or child.
The performing of any abortion is hereby banned and illegal
in the State of West Virginia, to the fullest extent permitted under the United
States and West Virginia Constitutions.
An exception to the requirements of this statute shall apply in cases in
which the life of the mother is in imminent danger.
Any person who performs any abortion in violation of this section shall
be imprisoned for a minimum of two years, for each offense.
NOTE: The purpose of this bill is to ban abortions in West
Virginia; and providing a criminal penalty for violation.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.