
Culture & Conversation Law and Policy
This law was last updated on Oct 27, 2014
SB 388
Failed to Pass
Jan 21, 2014
Co-sponsors: 4
Primary Sponsors: 1
Total Sponsors: 5
SB 388 would have banned abortions at 20 weeks post-fertilization unless, in the physician’s reasonable medical judgment, an abortion is necessary to avert the woman’s death or a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition.
The bill states that an abortion does not become necessary if the risk of death or a substantial and irreversible physical impairment of a major bodily function arises from a claim or diagnosis that the woman will engage in conduct that may result in her death or in substantial and irreversible physical impairment of a major bodily function.
The bill also states that abortion performed after 20 weeks must be performed in a manner that provides the best opportunity for the “unborn child” to survive, unless in the physician’s reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death or substantial and irreversible physical impairment of a major bodily function than would another method. No such greater risk would have existed if it is based on a claim or diagnosis that the woman will engage in conduct which will result in her death or in substantial and irreversible physical impairment of a bodily function.
The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.
The purpose of the 20-week ban would have been to “assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.”
Physician Reporting Requirements
Abortion providers would have been required to report certain information to the Department of Health, including:
Reporting Requirements
The bill would have required the Department of Health to issue a public report providing statistics compiled from all the reports provided by physicians by June 30 of each year.
Litigation Fund
The bill would have established the West Virginia Pain-Capable Unborn Child Protection Act Litigation Fund in order to pay for expenses incurred by the Attorney General in defending the law. That fund would have included appropriations made by the Legislature, as well as donations and gifts to the account. This provision did not appear in HB 4588, which is otherwise identical to this bill. (HB 4588 was passed by the West Virginia legislature then vetoed by Gov. Tomblin.)
STATUS
Companion bill to HB 4588, which Gov. Earl Ray Tomblin vetoed in March 2014.
Similar to HB 2364 and SB 487, which both failed to pass in 2013.
Co-sponsor
Primary Sponsor