S 80 Session 112 (1997-1998)
S 0080 General Bill, By M.T. Rose
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-3-45 SO AS TO DEFINE THE CRIME OF PERFORMING A PARTIAL-BIRTH ABORTION, MAKE
IT A FELONY, PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING PERFORMING A
PARTIAL-BIRTH ABORTION TO THE LIST OF CRIMES DEFINED AS VIOLENT IN SECTION
16-1-60; AND BY ADDING SECTION 15-51-15 SO AS TO PROVIDE FOR A CIVIL ACTION
AGAINST ANY PERSON AIDING, ABETTING, OR PERFORMING A PARTIAL-BIRTH ABORTION.
01/14/97 Senate Introduced and read first time SJ-111
01/14/97 Senate Referred to Committee on Judiciary SJ-111
02/20/97 Senate Recalled from Committee on Judiciary SJ-23
02/20/97 Senate Committed to Committee on Medical Affairs SJ-23
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 16-3-45 SO AS TO DEFINE THE
CRIME OF PERFORMING A PARTIAL-BIRTH ABORTION,
MAKE IT A FELONY, PROVIDE PENALTIES FOR
VIOLATIONS; BY ADDING PERFORMING A PARTIAL-BIRTH
ABORTION TO THE LIST OF CRIMES DEFINED AS VIOLENT
IN SECTION 16-1-60; AND BY ADDING SECTION 15-51-15 SO
AS TO PROVIDE FOR A CIVIL ACTION AGAINST ANY
PERSON AIDING, ABETTING, OR PERFORMING A
PARTIAL-BIRTH ABORTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-45. (A) As used in this section, the term
'partial-birth abortion' means an abortion in which the person
performing the abortion partially vaginally delivers a viable or living
fetus before killing the fetus and completing the delivery.
(B) Whoever knowingly performs a partial-birth abortion and kills
a human fetus is guilty of the felony of performing a partial-birth
abortion.
(C) If the partial-birth abortion was performed by a physician, it is
an affirmative defense to a prosecution under this section that the
physician reasonably believed:
(1) the partial-birth abortion was necessary to save the life of
the mother; and
(2) no other procedure would suffice for the purpose of saving
the life of the mother.
(D) Upon conviction of the offense of performing a partial-birth
abortion, the person must be punished as follows:
(1) for the first offense, by a fine of not less than ten thousand
dollars nor more than twenty-five thousand dollars, no part of which
may be suspended, and by a mandatory term of imprisonment of not
less than five years nor more than twenty years;
(2) for a second offense, by a fine of not less than twenty
thousand dollars nor more than thirty-five thousand dollars, no part
of which may be suspended, and by a mandatory term of
imprisonment of not less than ten years nor more than twenty-five
years.
(3) For a third and subsequent offense, by a fine of not less than
fifty thousand dollars nor more than one hundred thousand dollars,
no part of which may be suspended, and by a mandatory term of
imprisonment of not less than thirty years nor more than fifty years."
SECTION 2. The felony offense of performing a partial-birth
abortion as defined by Section 16-3-45 is added to the list of crimes
defined as violent by Section 16-1-60 of the 1976 Code.
SECTION 3. The 1976 Code is amended by adding:
"Section 15-51-15. (A) a person aiding, abetting, or performing
a partial-birth abortion as defined in Section 16-3-45, whether
convicted of the offense of performing a partial-birth abortion or not,
is liable in a civil action for actual and punitive damages for causing
death by a wrongful act in the manner provided by Section 15-51-10.
Actual damages recoverable under this section include all elements
of damages recoverable under Section 15-51-10, money damages for
all injuries, psychological and physical, occasioned by the violation
of Section 16-3-45, and damages equal to three times the sum of the
fees charged for the abortion and the minimum fine imposed in the
event of conviction, or the minimum fine that would have been
imposed, had there been a conviction, under Section 16-3-45.
(B) If the partial-birth abortion was performed by a physician, it is
an affirmative defense to a civil action under this section that the
physician reasonably believed:
(1) the partial-birth abortion was necessary to save the life of
the mother; and
(2) no other procedure would suffice for the purpose of saving
the life of the mother.
(C) Every such action shall be for the benefit of the natural father,
unless the pregnancy resulted from the natural father's criminal
conduct, or unless the natural father consented to the abortion that
resulted in the partial-birth abortion, then for the natural paternal
grandparents if an otherwise eligible natural father is deceased, then,
if the natural mother has not attained the age of eighteen years at the
time of the abortion, for the maternal grandparents if an otherwise
eligible natural father or paternal grandparents are deceased or
ineligible, and then for the natural heirs at law of the aborted human
fetus whose death was so caused. Each action shall be brought by or
in the name of the executor or administrator of the aborted human
fetus.
(D) Notwithstanding the provisions of subsection (C), no person
whose criminal conduct contributed to the pregnancy that resulted in
the abortion, or who aided, abetted, counseled, or consented to the
abortion that resulted in the partial-birth abortion shall benefit from
or take from the estate of the aborted human fetus."
SECTION 4. This act takes effect upon approval by the Governor.
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