Bill Text: WV SB433 | 2019 | Regular Session | Introduced
Bill Title: Recognizing fetus as separate victim
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-01-25 - To Judiciary [SB433 Detail]
Download: West_Virginia-2019-SB433-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
Senate Bill 433
By Senators Plymale (By Request) and Boso
[Introduced
January 25, 2019; Referred
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 §61-2-31, relating to recognizing a fetus as a separate victim.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-31. Recognizing a fetus as a distinct victim.
(a) Any person convicted of any misdemeanor or felony in violation of this code where a pregnant woman is involved, the fetus she is carrying in the womb constitutes a separate and distinct victim.
(b) For the purposes of this section “fetus" means a developing human that has ended the embryonic period and thereafter continues to develop and mature until termination of the pregnancy or birth.
(c) A prosecution for or conviction under this section is not a bar to conviction of or punishment for any other crime committed by the defendant arising from the same incident.
NOTE: The purpose of this bill is to recognize a fetus as a separate victim.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
