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West Virginia Life at Conception Act (SB 405)

This law was last updated on May 8, 2018

This law is Anti–Choice


West Virginia


SB 405


Failed to Pass


Jan 26, 2018


Co-sponsors: 7
Primary Sponsors: 1
Total Sponsors: 8



Full Bill Text

SB 405 would guarantee the right to life to all human beings, at all stages of life, including fertilization.

The bill states the following:

“To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the legislative body, including the power under section 8 of article I of the Constitution of the United States and Article VI of the Constitution of the State of West Virginia to make necessary and proper laws and the power under section 5 of the 14th Amendment to the Constitution of the United States, we hereby declare that the right to life guaranteed by the Constitutions of the United States and the State of West Virginia is vested in each human being.”

The bill defines “human person” and “human being” to include “each member of the species homo sapiens at all stages of life, including the moment of fertilization or cloning, or other moment at which an individual member of the human species comes into being.”

The bill specifies that nothing in this provision should be construed to require the prosecution of a pregnant person for the death of their “unborn child,” to prohibit in vitro fertilization, or to prohibit the use of birth control or another means of preventing fertilization.

Related Legislation

Companion bill to HB 4318.