West Virginia Senate passes bill penalizing those illegally distributing abortion drugs

Lawmakers in the West Virginia Senate passed a bill Tuesday that would impose civil and criminal penalties upon individuals who violate the state’s law prohibiting abortion pill distribution.

Senate Bill 85 adds the penalties to the current law by making it a felony to mail or distribute abortion pills, including from outside jurisdictions. Nearly all preborn children are protected from abortion in the state. The bill passed the Senate with a vote of 28 to 5, with one member absent.

“This important legislation is designed to protect life in West Virginia and stop the practice of abortifacients being sent and delivered to West Virginia residents without a lawful prescription,” said Sen. Patricia Rucker (R-Jefferson), the bill’s lead sponsor.

Violators who are not licensed medical professionals would face three to 10 years in prison, while licensed medical professionals would stand to lose the revocation of their license.

READ: The far-reaching impact of a ‘private right of action’ to stop the killing of preborn humans

After introducing the bill, Rucker later added an amendment allowing for civil penalties against violators, in addition to criminal penalties. The amendment allows the pregnant woman to sue the sender for damages of $10,000 for each abortion that results from taking the pills. Rucker said the amendment was needed, as states like New York shore up their “shield laws” in an effort to protect abortionists who violate the laws of other states.

“Civilly, the need for evidence of the bad actor’s intent is a little less than a criminal and, so, slightly easier to prove,” Rucker said. “This allows just the ordinary victim to be able to pursue it in court.”

Opponents of the bill focused on the claim that it would dissuade companies from relocating to the state, something they say would be “bad for business.”

“Had the private cause of action, the job killer in this bill, not been in here, man, I’d have been the biggest champion for this bill,” said Sen. Eric Tarr, R-Putnam. “I’d have been all over it. Because we can still come back and do this without making this mistake. Because if you want young families having babies over here in West Virginia, we need jobs.”

However, Rucker emphasized that the bill makes no changes to current abortion restrictions.

“This legislation does not further expand abortion restrictions,” Rucker said. “It does not create new law regarding abortion, it is enforcement of the existing law that West Virginia legislators have supported and voted for in the past. So just like we have lots and lots of laws in the books, we expect those laws to be followed. What this legislation does is give a pathway for enforcement.”

The bill next heads to the House for consideration.