H 4634 General Bill, By Hicks, Nanney, G.R. Smith, Brannon, Loftis, 
H.A. Crawford, Kennedy, Erickson, Goldfinch, Yow, Thayer, Toole, Burns, Putnam, 
Bedingfield, Gambrell, Duckworth, Stringer, Fry, Corley, Henderson, Johnson, 
Huggins, Bannister, Hamilton, Newton, Daning, Clemmons, Jordan, Taylor, Simrill, 
Forrester, V.S. Moss, Pope, Hixon, Ballentine, Chumley, Delleney, Gagnon, 
Herbkersman, Hill, Hiott, Lowe, Lucas, D.C. Moss, Pitts, Rivers, Sandifer, 
Spires, Tallon, Whitmire, Allison, Atwater and Collins

Similar(S 531)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-41-90 SO AS TO PROHIBIT DISMEMBERMENT ABORTIONS, TO DEFINE DISMEMBERMENT
 ABORTION, TO PROVIDE PENALTIES FOR THE PERFORMANCE OF A DISMEMBERMENT
 ABORTION, AND TO ALLOW A CIVIL CAUSE OF ACTION.

   01/12/16  House  Introduced and read first time (House Journal-page 118)
   01/12/16  House  Referred to Committee on Judiciary
                     (House Journal-page 118)

H. 4634

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-90 SO AS TO PROHIBIT DISMEMBERMENT ABORTIONS, TO DEFINE DISMEMBERMENT ABORTION, TO PROVIDE PENALTIES FOR THE PERFORMANCE OF A DISMEMBERMENT ABORTION, AND TO ALLOW A CIVIL CAUSE OF ACTION.

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

SECTION    1.    Article 1, Chapter 41, Title 44 of the 1976 Code is amended by adding:

"Section 44-41-90.    (A)    A physician who knowingly performs a dismemberment 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 not less than five years, or both. This section does not apply to a dismemberment 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)    'Dismemberment abortion' means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting the unborn child one piece at a time from the uterus through the 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 in order to cut or rip it apart. This definition does not include an abortion which uses suction to dismember the body of the developing unborn child by suctioning fetal parts into a collection container.

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

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

(2)    Relief includes, but is not limited to:

(a)    treble damages;

(b)    punitive damages for all psychological and physical injuries resulting from violation of this section; and

(c)    reasonable costs and attorney's fees.

(D)    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."

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