H. B. 4143

(By Delegate Shaver)
[Introduced January 23, 2008; 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 §16-19-3b, relating to prohibiting the use of the body of an unborn baby for any medical experimentation or scientific investigation except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body; and prescribing criminal penalties for violation 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 §16-19-3b, to read as follows:
ARTICLE 19. ANATOMICAL GIFT ACT.
§16-19-3b. Prohibition against using bodies of fetuses for certain purposes.
The body of an unborn fetus may not be used for any medical experimentation or scientific investigation, except as necessary to diagnose a disease or condition suspected to exist in the body of the mother or the fetus. Any person who violates the provisions 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, or confined in jail not more than six months, or both fined and confined.

NOTE: The purpose of this bill is to prohibit the use of the body of an unborn baby for any medical experimentation or scientific investigation, except as necessary to diagnose a disease or condition suspected to exist in the mother's or fetus's body. The bill also prescribes criminal penalties for violation of the section.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.