Removing rape and incest exception to obtain abortion in WV

SB 43 Text

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Introduced Version

Senate Bill 43 History

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
Introduced
Senate Bill 43
By Senator Rucker
[Introduced January 14, 2026; referred
to the Committee on Health and Human Resources; and then to the Committee on the Judiciary]

A BILL to amend and reenact §16-2R-3 of the Code of West Virginia, 1931, as amended, relating to removing the rape and incest exception to obtain an abortion in West Virginia.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2R. UNBORN CHILD PROTECTION ACT.

§16-2R-3. Prohibition to perform an abortion.

(a) An abortion may not be performed or induced or be attempted to be performed or induced unless in the reasonable medical judgment of a licensed medical professional:
(1) The embryo or fetus is nonviable;
(2) The pregnancy is ectopic; or
(3) A medical emergency exists.
(b) The prohibition set forth in subsection (a) of this section shall not apply to an adult within the first 8 weeks of pregnancy if the pregnancy is the result of sexual assault, as defined in §61-8B-1
et seq
. of this code, or incest, as defined in §61-8-12 of this code, and at least 48 hours prior to the abortion the patient has reported the sexual assault or incest to a law enforcement agency having jurisdiction to investigate the complaint and provided the report to the licensed medical professional performing the abortion.
(c) The prohibition set forth in subsection (a) of this section shall not apply to a minor or an incompetent or incapacitated adult within the first 14 weeks of pregnancy if the pregnancy is the result of sexual assault, as defined in §61-8B-1
et seq
. of this code, or incest, as defined in §61-8-12 of this code, and at least 48 hours prior to the abortion the patient has:
(1) A report of the sexual assault or incest has been made to law enforcement having jurisdiction to investigate the complaint; or
(2) The patient has obtained medical treatment for the sexual assault or incest or any injury related to the sexual assault or incest from a licensed medical professional or in a hospital, as defined in §16-5B-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources:
Provided
, That the licensed medical professional or hospital, as defined in §16-5B-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources, and which performed or provided such medical treatment may not perform or provide the abortion arising from such sexual assault or incest.
(d) In all cases where a report of sexual assault or incest against a minor is made pursuant this subsection (c), the agency or person to whom the report is made shall report the sexual assault or incest to the Child Abuse and Neglect Investigations Unit of the West Virginia State Police within 48 hours
(e)

(b)
An abortion performed pursuant to this section may not use the partial birth abortion procedure.
(f)

(c)
A surgical abortion performed or induced or attempted to be performed or induced pursuant to this section shall be in a hospital, as defined in §16-5B-1 of this code, which is licensed by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources.
(g)

(d)
An abortion performed or induced or attempted to be performed or induced shall be performed by a licensed medical professional who has West Virginia hospital privileges.
NOTE: The purpose of this bill is to remove exceptions for rape and incest for the current abortion law in West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

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