The bill that would ban abortions
after 20 weeks passed its first state Senate committee Tuesday on a voice vote.
The Senate Health Committee made a
few changes to the fetal pain bill including reducing criminal charges against
doctors who perform abortions after 20 weeks from a felony to a misdemeanor.
The bill passed by the House of Delegates included the felony provision.
“I’m concerned about the
emergency room doctor, an obstetrician is called down to consult on a case, a
woman with belly pain or something like that, and that their clinical decision
would be based on medicine and not on fear of being a felon,” Health Committee
Chair Ron Stollings, D-Boone, said.
Sen. Bob Plymale, D-Wayne, also
questioned the felony provision.
“I don’t ever understand why it was
first proposed as a felony. That’s the first question I have,” Plymale said.
Sen. Corey Palumbo, D-Kanawha,
attempted to amend the bill to move the 20-week deadline to 24-weeks.
“This would bring us in line with
the vast majority of the states who have adopted legislation like this and to
essentially ensure the constitutionality of this bill and that the courts would
uphold it,” Palumbo said.
The committee defeated the proposed
amendment on a voice vote.
Even though the bill passed, Sen.
Stollings said there are some questions about whether it’s legal to ban
abortions at 20 weeks.
“You don’t want to pass a bill that
you pretty much know that’s already been determined unconstitutional and we’ve
tried to get folks on the Right to Life side to budge but they are entrenched,”
Stollings said.
The bill next goes to Senate
Judiciary Committee which is chaired by Sen. Palumbo.