H. B. 2846


(By Delegate Louisos)

[Introduced February 26, 2009; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact §61-2-8 of the Code of West Virginia, 1931, as amended, relating to criminalizing abortion.

Be it enacted by the Legislature of West Virginia:

That §61-2-8 of 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 is guilty of a felony and, upon conviction, shall be confined in the penitentiary a correctional facility not less than three nor more than ten years; and if such the woman die dies by reason of such abortion performed upon her, such that
person shall be is 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. In circumstances under which federal or state court decisions nullify this statute, the statute shall continue to be enforced to the fullest extent allowed while affected by those court decisions; and in the event those federal or state court decisions shall no longer affect this statute, it shall immediately resume its effects.


NOTE: The purpose of this bill is to require the continued enforcement of §61-2-8 in circumstances under which federal or state court decisions nullify §61-2-8; and to provide that §61-2-8 shall immediately resume its effects in the event that federal or state court decisions shall no longer affect §61-2-8.

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