Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/ 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, it is unlawful for a physician to knowingly perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child's mother. '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) (1) 'Dismemberment abortion' means, with the intention of causing the death of an unborn child, knowingly to dismember a living unborn child and extract him or her from the uterus.
(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' includes an abortion which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container.
(C) This article prohibits abortion for any reason including rape and incest by any other method.
Section 44-41-620. Nothing in this article shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.