The Pain-Capable Unborn Child protection Act, HB 2568, passed by a margin of 29-5 in the West Virginia Senate at around 4:15 p.m. on Wednesday, February 25.

Senator Chris Walters argued in support of HB 2568.

Senator Chris Walters argued in support of HB 2568.

On third reading, two hostile amendments were offered from the senate floor. The first, from Senator Corey Palumbo, argued that the 20 week time frame in the bill be changed to 24 weeks. That amendment died 6-28.

Senator Herb Snyder wanted to amend the bill with a rape and incest provision, which also died by voice vote.

The bill was also attacked for being unconstitutional. Earlier in the session, during both House and Senate public hearings, National Right to Life’s Attorney Jennifer Popik testified that similar legislation is in effect in eight states, is being litigated in two, and has not come before the Supreme Court for a determination regarding its constitutionality.

The West Virginia House passed HB 2568 on February 11, by an 88-12 margin with two-thirds of the House Democrats having voted for it.

“This bill reflects the most current medical research, which clearly demonstrates that human beings feel pain beginning at least by 20 weeks gestation,” said West Virginians for Life President Wanda Franz. “It protects West Virginia children from pain and abuse from the beginning of the time that they are capable of suffering from pain.”

“West Virginians can be proud of their legislative representatives for the hard work they put into the effort to protect unborn children from the terrible pain of abortion. They truly represent the pro-life values of the state,” said John Carey, Lobbying Coordinator for WVFL. “It is up to the Governor to decide whether or not to veto a bill that has passed with such large bi-partisan majorities.”

Senate passage has occurred in time for a veto override. Governor Tomblin has five days to decide what to do with the bill.

Press Release in pdf format.