Remove Criminal Penalties for Abortion Doctors

July 29, 2022
1 min read

HB302 SFA TAKUBO AND MARONEY #1 7-29 (2022)

This amendment to HB 302, introduced by Senators Takubo and Maroney, removes all references to §61-2-8 from multiple sections of the bill, effectively repealing the criminal statute in its entirety.

§61-2-8 had made it a felony for any person to perform, cause, or induce an abortion with intent to end the life of an unborn child, punishable by three to ten years in prison, and provided for murder charges if the woman died as a result.

VOTE RESULT: YES

18 to 13

The Family Policy Council opposes this amendment.

By repealing §61-2-8, the amendment eliminates these criminal penalties and replaces the previous severability provision with a new licensure revocation section. This new section clarifies that licensed medical professionals who violate abortion restrictions under §16-2R-3 are considered to have acted outside their scope of practice and are subject to discipline by their licensing boards, including potential loss of their professional license.

The amendment shifts enforcement away from criminal prosecution and toward professional licensure discipline for medical providers.

Why We Oppose This Amendment

We strongly oppose the amendment as it seeks to weaken our state’s longstanding abortion law, originally enacted in 1863. Following Roe v. Wade, it was considered a trigger law and would be automatically reinstated once Roe v. Wade was overturned.

This historic law reflected West Virginia’s firm commitment to protecting unborn life for over 150 years. When the Supreme Court overturned Roe v. Wade, instead of defending and upholding this pre-existing statute, some legislators introduced new measures during a Special Session aimed at weakening these vital protections.

The amendment dangerously attempts to shield abortion providers from true accountability by effectively giving them a license to kill infants with minimal risk of real consequences.

It replaces clear criminal penalties with vague “potential” license revocation, creating a statutory loophole that allows bad-faith doctors to evade meaningful punishment.

In doing so, this amendment prioritizes protecting abortion providers over protecting innocent unborn children and the rule of law.

The Family Policy Council views this as a direct betrayal of West Virginia’s pro-life principles and a dangerous step backward that undermines the state’s ability to protect its most vulnerable citizens.

Legislator District Party Position
Sen. Craig Blair15Oppose
Sen. Mike Azinger3Oppose
Sen. Stephen BaldwinSupport
Sen. Bob BeachSupport
Sen. Donna Boley3Oppose
Sen. Owens Brown1Support
Sen. Mike Caputo13Support
Sen. Charles Clements2Support
Sen. Hannah Geffert16Support
Sen. Amy Grady4Oppose
Sen. Bill Hamilton11Support
Sen. Glenn Jeffries8Absent
Sen. Robert Karnes11Oppose
Sen. Richard LindsaySupport
Sen. Mike MaroneySupport
Sen. Patrick Martin12Oppose
Sen. Mark Maynard6Oppose
Sen. Eric Nelson17Absent
Sen. Rupie Phillips7Oppose
Sen. Bob Plymale5Support
Sen. Rollan Roberts9Oppose
Sen. Patricia Rucker16Oppose
Sen. Randy Smith14Oppose
Sen. Ron Stollings7Support
Sen. David "Bugs" Stover9Support
Sen. Chandler Swope6Support
Sen. Tom Takubo17Support
Sen. Eric J. Tarr4Oppose
Sen. Charlie Trump15Support
Sen. Ryan Weld1Support
Sen. Michael Woelfel5Support
Sen. Jack Woodrum10Support