H. B. 2302
(By Delegates Romine and Schoen)
[Introduced February 12, 2009; 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 §33-42-9, relating to prohibiting the
performance of any abortion when the woman seeking it is doing so solely on
account of the gender of the fetus; prescribing a criminal penalty 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 §33-42-9, to read as follows:
ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.
§33-42-9. Prohibition on abortions motivated by gender of fetus.
Prior to performing any abortion, a medical practitioner shall take
reasonable measures to determine the motivation of the woman seeking to abort
her fetus. In the event the sole motivation for seeking to abort the
fetus is based on the woman's knowledge of the gender of the fetus, it is
unlawful to perform the abortion. Any person who violates the requirements of
this section is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $500.00 nor more than $1,000.00. Nothing contained in this
section may be construed or interpreted to endorse, allow, permit or approve of
any abortion.
NOTE: The purpose of this bill is to prohibit the performance of any abortion
when the woman seeking it is doing so solely on account of the gender of the
fetus. The bill also prescribes a criminal penalty for violations of the
section.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.