Reference is to Printer's Date 3/22/17-H.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1.
Chapter 41, Title 44 of the 1976 Code is amended by
adding:
Section 44-41-610. This
article may be cited as the South Carolina Unborn Child
Protection from Dismemberment Abortion Act.
(A) Notwithstanding any
other provision of law, a physician who knowingly performs or
attempts to perform a dismemberment abortion and thereby kills
an unborn child unless necessary to prevent serious health risk
to the unborn child's mother is guilty of a felony and upon
conviction must be fined ten thousand dollars or imprisoned for
two years or both. 'Serious health risk to the unborn child's
mother' means that in reasonable medical judgment she has a
condition that so complicates her medical condition that it
necessitates the abortion of her pregnancy to avert her death or
to avert serious risk of substantial and irreversible physical
impairment of a major bodily function, not including
psychological or emotional conditions. No such condition may be
determined to exist if it is based on a claim or diagnosis that
the woman will engage in conduct which she intends to result in
her death or in substantial and irreversible physical impairment
of a major bodily function.
(B) As used in this
section:
(1)
'Dismemberment abortion' means, with the intention of
causing the death of an unborn child, knowingly to dismember a
living unborn child and extract the unborn child one piece at a
time from the uterus through use of clamps, grasping forceps,
tongs, scissors or similar instruments that, through the
convergence of two rigid levers, slice, crush, or grasp a
portion of the unborn child's body to cut or rip it off.
(2)
The term 'physician' means a physician, surgeon, or
osteopath authorized to practice medicine in this State and
licensed pursuant to Chapter 47, Title 40. However, an
individual who is not a physician, but who directly and
knowingly performs a dismemberment abortion is also subject to
the provisions of this section.
(3) The term
'dismemberment abortion' does not include an abortion which uses
suction to dismember the body of the unborn child by sucking
fetal parts into a collection container, although it does
include an abortion in which a dismemberment abortion, as
defined in item (1) is used to cause the death of an unborn
child but suction is subsequently used to extract fetal parts
after the death of the unborn child.
(C) A woman upon whom a
dismemberment abortion is performed may not be prosecuted for a
violation of this section, for a conspiracy to violate this
section, or for any other offense which is based on a violation
of this section.
(D) This article does
not prevent abortion for any reason including rape and incest by
any other method.
Section 44-41-620. (A)
A cause of action for injunctive relief
against a person who has performed or attempted to perform a
dismemberment abortion in violation of Section 44-41-610 may be
maintained by:
(1)
a woman upon whom such a dismemberment abortion was
performed;
(2)
if the woman is a minor, a person who is the parent or
guardian of a woman upon whom such a dismemberment abortion was
performed; or
(3)
a prosecuting attorney with appropriate jurisdiction.
(B) The injunction
shall prevent the defendant from performing further
dismemberment abortions in violation of Section 44-41-610 in
this State.
(C) A cause of action
may not be maintained by a plaintiff if the pregnancy resulted
from the plaintiff's criminal conduct.
Section 44-41-630. Nothing in this article shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion." /
Renumber sections to conform.
Amend title to conform.