H. B. 2895


(By Delegates Rowan, Stevens, Porter and Roberts)
[Introduced March 7, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-32, relating to requiring physicians to take steps designed to save the life of a child delivered alive during an abortion procedure; and prescribing criminal penalties for violations of the section.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-10-32, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-32. Physicians performing abortions must take measures designed to save the life of any aborted live fetus.

(a) It shall be unlawful for any physician performing an abortion that results in the delivery of a living child to intentionally allow or cause the child to die.
(b) If the child is viable, such child shall be immediately provided appropriate medical care and comfort care necessary to sustain life. If the child is not viable, such child shall be provided comfort care. The provision of this section shall include, but not be limited to, a child born with physical or mental handicapping conditions which, in the opinion of the parent, the physician or other persons, diminishes the quality of the child's life, a child born alive during the course of an attempted abortion and a child not wanted by the parent.
(c) As used in this section the term "child" includes every infant member of the species homo sapiens who is born alive at any stage of deployment.
(d) Any person who violates this section shall be guilty of a felony and, upon conviction, be imprisoned for not less than one year nor more than ten years in the correctional facility and fined not more than fifty thousand dollars, but not less than twenty-five thousand dollars.
(e) This article shall take effect and be in force from and after the first day of July, two thousand five.

NOTE: The purpose of this bill is to require physicians to take steps designed to save the life of a child delivered alive during an abortion procedure. The bill also prescribes criminal penalties for violations of this section.

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