This bill seeks to amend the Code of West Virginia by prohibiting the use or sale of abortifacients and establishing criminal penalties for those who supply them. It introduces a new definition for "abortifacient" and outlines specific conditions under which the use of abortifacients is considered illegal. The bill stipulates that performing or attempting to perform an abortion with an abortifacient is a felony, punishable by up to 10 years in prison or a fine of up to $100,000. Additionally, it clarifies that a woman cannot be charged with a criminal offense for the death of her own unborn child under this law.

Furthermore, the bill allows for private causes of action, enabling individuals to sue those who knowingly or intentionally perform or attempt to perform an abortion in violation of the new provisions. If successful, plaintiffs can receive damages of $10,000 for each abortion performed in violation of the law, along with injunctive relief. The bill also includes a severability clause, ensuring that if any part of the law is deemed invalid, the remaining provisions will still stand.

Statutes affected:
Introduced Version: 16-2R-2, 16-2R-10