H*3502(Rat #0033, Act #0011 of 1997)  General Bill, By  House Judiciary

Similar(S 307, H 3146)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND
 A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A
 CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A
 PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE
 OBTAINED.

   02/20/97  House  Introduced, read first time, placed on calendar
                     without reference HJ-4
   02/26/97  House  Requests for debate-Rep(s). Scott, Easterday,
                     Allison, R. Smith, Mason, Altman, Mack, Beck,
                     Miller & Rodgers HJ-21
   02/26/97  House  Objection by Rep. Cobb-Hunter & Kennedy HJ-21
   02/27/97  House  Requests for debate removed-Rep(s). Allison,
                     Scott, Easterday, Altman, Mason, R. Smith, Beck,
                     Miller & Rodgers HJ-25
   02/27/97  House  Read second time HJ-27
   02/27/97  House  Roll call Yeas-105 Nays-4 HJ-27
   02/27/97  House  Unanimous consent for third reading on next
                     legislative day HJ-27
   02/28/97  House  Read third time and sent to Senate HJ-3
   03/04/97  Senate Introduced and read first time SJ-17
   03/04/97  Senate Referred to Committee on Medical Affairs SJ-17
   03/12/97  Senate Committee report: Favorable Medical Affairs SJ-23
   03/13/97  Senate Read second time SJ-25
   03/13/97  Senate Unanimous consent for third reading on next
                     legislative day SJ-25
   03/14/97  Senate Read third time and enrolled SJ-1
   03/25/97         Ratified R 33
   03/26/97         Signed By Governor
   03/26/97         Effective date 03/26/97
   04/10/97         Copies available
   04/10/97         Act No. 11

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE OBTAINED.

Be it enacted by the General Assembly of the State of South Carolina:

Partial-birth abortion unlawful; penalties and sanctions

SECTION 1. The 1976 Code is amended by adding:

"Section 44-41-85. (A) A physician who knowingly performs a partial-birth abortion and thereby kills a human fetus is guilty of a felony and, upon conviction, must be fined not less than five thousand dollars or imprisoned for not less than five years, or both. This section shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for that purpose.

(B) As used in this section:

(1) the term 'partial-birth abortion' means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.

(2) the term 'physician' means a physician, surgeon, or osteopath authorized to practice medicine in this State and licensed pursuant to Chapter 47 of Title 40. However, an individual who is not a physician, but who directly and knowingly performs a partial-birth abortion is also subject to the provisions of this section.

(C)(1) The father, if married to the mother at the time she receives a partial-birth abortion, and if the mother has not attained the age of eighteen years at the time of the abortion, the maternal grandparents of the fetus have a cause of action against the physician or other person unlawfully performing a partial-birth abortion and may obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

(2) Such relief includes, but is not limited to:

(a) actual damages which shall be trebled;

(b) punitive damages for all injuries, psychological and physical, occasioned by the violation of this section; and

(c) reasonable costs and attorney's fees.

(D) A woman upon whom a partial-birth 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."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 26th day of March, 1997.