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Born-Alive Abortion Survivors Protection Act passes Senate

CHARLESTON — The West Virginia Senate joined the House of Delegates in passing a bill Monday to protect fetuses born alive during an abortion procedure.

House Bill 4007, the Born-Alive Abortion Survivors Protection Act, would require doctors who perform abortions to use their best medical judgment to protect the life of a fetus if it shows signs of breathing or a heartbeat. The bill passed 32-0 with two absent.

“Basically, the bill says that if a physician performs or attempts to perform an abortion that results in a live birth, the physician shall exercise the same degree of reasonable medical judgment to preserve the life and the health of the child as a physician would render to any other fetus born alive at the same gestational age,” Senate Judiciary Committee Chairman Charles Trump, R-Morgan, said.

HB 4007 also includes penalties, including possible revocation of the doctor’s medical license for not providing medical attention to the fetus. The bill passed the House of Delegates Jan. 15 in a 93-5 vote, a vote preceded by lengthy debate.

Democratic lawmakers question the need for the bill. The Women’s Health Center in Charleston, the only abortion provider in the state, does not conduct abortions after the 16-week mark. State law already prohibits abortions after the 20-week mark. Other state laws make fetal homicide a crime, as does a federal law passed by Congress in 2002.

Sen. Mike Romano, D-Harrison, was the only Democrat to rise and speak about the bill prior to Monday’s vote. He said he supports the bill, but said there are no reports of any West Virginia abortion doctors killing fetuses that are born alive.

“A child born alive who would somehow be killed, that would be murder,” Romano said. “It would clearly be murder. There is no one doing that, and if they do that, they’re in jail.”

Democratic senators claim the bill is being pushed during the 2020 election year to fire up the conservative base and put Democrats on the record on a hot-button issue going into the May and November elections.

“I think this is a good example of not putting West Virginians first,” Romano said. “I think this is about a political gamble; a bill that isn’t going to change anything. We’ve spent so much time on it instead of taking care of the West Virginians that who are born and who are living in this state, have parents that don’t have food and don’t have a good education.”

The Senate amended the bill, so HB 4007 returns to the House. If the delegates approve of the Senate’s changes to the bill, it will land on the desk of Gov. Jim Justice.

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