H. B. 2717
(By Delegates Rowan and Porter)
[Introduced February 20, 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 §61-10-33, 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 §61-10-33, to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-33. Physicians performing abortions must take measures
designed to save the life of any aborted live fetus.
(a) It is 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, the child shall be immediately provided appropriate
medical care and comfort care necessary to sustain life. If the child is not
viable, the child shall be provided comfort care. The circumstances to which the
provisions of this section apply include, but are
not limited to, when a child is 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, when a child is born alive during
the course of an attempted abortion and when a child is 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 is guilty of a felony and, upon
conviction, be imprisoned for not less than one year nor more than ten years in
a correctional facility and fined not less than $25,000 and
not more than $50,000.
(e) This article takes effect July 1, 2009.
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.
Strike-throughs indicate language that would be stricken from the present law,
and underscoring indicates new language that would be added.