The Senate met on Friday morning and passed several bills, including bills prohibiting abortion pills and establishing the First Amendment Preservation Act.
The Senate also introduced Senate Bills 938-943 and adopted Senate Resolutions 35, 36, and 37 regarding National Organ Donor Day, WV Silver Jackets Flood Resiliency Day, and Pretrial, Probation and Parole Supervision Week.
Senate Bill 173 would prohibit the trafficking and dispensing of chemical abortion pills in West Virginia.
The legislation would amend the West Virginia Unborn Child Protection Act by adding provisions that specifically target “abortifacients”. The bill defines an abortifacient as “any chemical or drug prescribed or dispensed with the intent of causing an abortion.”
According to the bill’s language, a person or entity would be guilty of performing or attempting to perform an abortion with an abortifacient if they are knowingly and willfully:
- Send an abortifacient to a person in West Virginia by courier, delivery, or mail service.
- Place an abortifacient into the stream of commerce, knowing it will be used in or sent to West Virginia.
- Prescribe an abortifacient to a person in West Virginia, regardless of whether the prescriber is in the state.
- Disseminate an abortifacient in West Virginia without a lawfully valid prescription.
The bill establishes different penalties based on who commits the offense:
Non-medical professionals convicted of violating the law may be charged with a felony and face imprisonment in a state correctional facility for 3 to 10 years.
Licensed medical professionals who are found to have knowingly and willfully violated the law would face disciplinary action by their licensing board, including mandatory revocation of their medical license.
The legislation specifically states that “a woman who unlawfully receives an abortifacient” cannot be charged with or convicted of a criminal offense related to her own unborn child.
The bill would also create a civil cause of action, allowing a pregnant woman or her family members, spouse or baby’s father to sue anyone who knowingly and willfully violates the prohibition. If a claimant prevails, they may receive:
- Injunctive relief preventing future violations
- Damages of $10,000 for each abortion that was knowingly and willfully performed or attempted
Notably, an indictment or conviction is not required to establish liability in a civil action.
Sen. Eric Tarr, (R-Putnam, 04) successfully amended the bill to require claimants who sue under the law to notify the state attorney general. It also adds language that the attorney general may pursue civil action under the law and recover expenses to the maximum amount allowed by law. An indictment or conviction would not be necessary to establish liability.
The bill provides limited exceptions:
- Pharmacies fulfilling lawfully valid prescriptions issued by licensed medical professionals in West Virginia.
- Physicians providing medical procedures or services for legitimate medical reasons to a pregnant woman that result in accidental or unintentional physical injury to or death of the unborn child.
The bill passed the full Senate and was reported to the House of Delegates for consideration.
Senate Bill 531 would establish the First Amendment Preservation Act.
This bill would prevent the state of West Virginia and its agencies from contracting with media monitoring or fact-checking organizations. Hiring advertising or marketing companies that use certain media monitors would be prohibited.
State agencies are prohibited from the following:
- Entering into a contract with any media monitoring organization
- An advertising or marketing agency that utilizes the services of a media monitoring organization for the agency’s contract or agreement
- Provide support of any form, other than nondiscretionary actions required by law, to a media monitoring organization.
- The bill aims to maintain viewpoint neutrality in state spending and prevent government involvement in determining which news sources are credible or acceptable.
The bill passed the full Senate and was reported to the House of Delegates for consideration.
Senate Majority Leader Patrick Martin (R-Lewis, 12) presided over today’s floor session. President Randy Smith (R-Preston, 14) was absent due to the death of his sister.
The Senate is adjourned until Monday, Feb. 16, at 11:15 a.m.
