Lawmakers introduce pain-capable abortion bill

A bipartisan group from the West Virginia House of Delegates has introduced the “pain-capable” bill, setting up another capitol fight over abortion.

The bill (HB 2153) is similar to legislation that passed both chambers overwhelmingly last year, but was vetoed by Gov. Earl Ray Tomblin. He questioned the measure’s constitutionality and said it interfered with the relationship between a woman and her doctor.

The legislation bans abortions after 20 weeks, a point at which supporters argue the unborn child can feel pain. There are exceptions to the 20-week limit when the mother faces a medical emergency.

At least 10 other states have pain-capable laws and the U.S. House of Representatives has passed a pain-capable bill.

Under the bill introduced Tuesday in Charleston, a doctor who performs an abortion after 20 weeks could be charged criminally. The penalties upon conviction are up to one year in jail and a fine of up to $5,000.

The bill also creates a “litigation defense fund” to pay for the state Attorney General to defend the law against any legal challenges.

Last year, the pain capable bill passed the House 79-17 and the Senate 25-9 before being vetoed by the governor. This year’s bill has been referred to House Health and Human Resources Committee.