Senate Bill No. 62
(By Senator Barnes)
____________
[Introduced
January 13, 2010; referred to the Committee on Health and Human Resources; and
then to the Committee on 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; 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.