Senate President Jeff Kessler
(D-Marshall, 2) promises movement in the Senate in the closing week
of the 2014 Regular Legislative Session on the proposed Pain Capable Unborn
Child Protection Act.
“I have no problem with it passing
in the right form,” said Kessler of HB 4588 which would ban abortions in West Virginia
Members of the Senate Health and
Human Resources Committee will first take up the bill this week, followed by
the Senate Judiciary Committee.
Supporters have argued fetuses
or unborn children can feel pain at 20 weeks in development and the state has a
duty, under the law, to offer them protection. Opponents, though, have
said the bill is unconstitutional.
“It’s not my intention to do
anything other than to get the bill in good shape so that we give it a thorough
and good review so that we can protect the lives of the unborn surely,” said
Kessler.
“But, in addition to that, we need
to also make sure that we give due consideration to the terrible and horrible
decisions that a woman has to make in those difficult times.”
In the House bill, performing
late-term abortions that do not fall under the prescribed medical exceptions
would be felonies, punishable by fines of up to $5,000 and one to five
year prison sentences. The doctor would be punished. There are no
penalties for the woman involved.
Kessler said that punitive part of
the bill would get a close look from Senators.
“These situations are not as clear
cut as they may seem to be, so we’re going to give to give it a good, thorough
review and it’s my instructions to my folks to work the bill,” said Kessler.
Members of the House of Delegates
approved the bill with a 79-17 vote last week. The 2014 Regular Session
closes on Saturday night.
