Senate Bill No. 138
(By Senators Barnes and Sypolt)
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[Introduced
February 11, 2009; referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.]
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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; and prescribing a criminal penalty for violations of this
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 nor more than $1,000. 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.
This section is new; therefore, strike-throughs
and underscoring have been omitted.