Current Status Introducing Body:House Bill Number:3926 Primary Sponsor:Fair Committee Number:25 Type of Legislation:GB Subject:Abortion Residing Body:House Current Committee:Judiciary Computer Document Number:436/11035AC.93 Introduced Date:19930413 Last History Body:House Last History Date:19930413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fair Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3926 House 19930413 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-15 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH AN ABORTION MAY BE PERFORMED; BY ADDING SECTION 44-41-45 SO AS TO PROVIDE EXEMPTIONS UNDER A MEDICAL EMERGENCY; BY AMENDING SECTION 44-41-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO ABORTIONS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-41-30, AS AMENDED, RELATING TO CONSENT, SO AS TO DELETE PROVISIONS INCONSISTENT WITH CIRCUMSTANCES ALLOWING AN ABORTION; TO AMEND SECTION 44-41-70, RELATING TO DEPARTMENT REGULATIONS FOR HOSPITALS AND CLINICS, SO AS TO DELETE REFERENCES TO CLINICS; AND TO REPEAL SECTION 44-41-20 RELATING TO CIRCUMSTANCES UNDER WHICH AN ABORTION MAY BE PERFORMED.
Whereas, the General Assembly finds that liberty and life founded on inherent and inalienable rights are entitled to protection of law and due process, and that unborn children have inherent and inalienable rights that are entitled to protection by the State of South Carolina; and
Whereas, the State of South Carolina has a compelling interest in the protection of human life, including that of unborn children, and in the protection of each person's right to exercise inalienable rights in accordance with the law; and
Whereas, it is the intent of the General Assembly to protect and guarantee to unborn children their inherent and inalienable rights to life and liberty, as required; and
Whereas, it is also the policy of the General Assembly and of the State that, in connection with abortion, a woman's liberty interest, in limited circumstances, may outweigh the unborn child's right to protection. These limited circumstances arise when the abortion is necessary to save the pregnant woman's life or prevent life-threatening damage to her physical health, and when pregnancy occurs as a result of rape or incest. It is recognized that, in cases of rape or incest, the fact that the woman has been an unwilling participant in the reproductive process may justify the preference of her rights over those of the unborn child; and
Whereas, it is further the finding and policy of the General Assembly and of the State that a woman may terminate the pregnancy if the unborn child would be born with grave and irremediable physical or mental defects that are incompatible with sustained survival. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-15. (A) An abortion may be performed in this State only by a physician if performed ninety days or more after the commencement of the pregnancy as defined by competent medical practices, and it is performed in a hospital.
(B) An abortion may be performed in this State only under the following circumstances:
(1) the pregnant woman's attending physician has certified that, in the physician's professional judgment, the abortion is necessary to save her life;
(2) the pregnancy is the result of criminal sexual conduct that was reported by the victim to a law enforcement agency before the abortion;
(3) the pregnancy is the result of incest, as defined by Section 16-15-20 and the incident was reported by the victim to a law enforcement agency before the abortion;
(4) in the professional judgment of the pregnant woman's attending physician, to prevent grave damage to the pregnant woman's medical health; or
(5) in the professional judgment of the pregnant woman's attending physician, to prevent the birth of a child that would be born with grave defects.
(C) After twenty weeks gestational age, measured from the date of conception, an abortion may be performed only for those purposes and circumstances described in subsection (B)(1), (4), and (5)."
SECTION 2. The 1976 Code is amended by adding:
"Section 44-41-45. When due to a serious medical emergency time does not permit compliance with Sections 44-41-15 or 44-41-30, these sections do not apply."
SECTION 3. Section 44-41-10 of the 1976 Code, as last amended by Act 341 of 1990, is further amended to read:
"Section 44-41-10. As used in this chapter:
(a) `Abortion' means the use of an instrument, medicine, drug, or other substance or device with intent to terminate the pregnancy of a woman known to be pregnant for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus the termination of or attempted termination of human pregnancy after implantation of a fertilized ovum, with an intent other than to produce a live birth or to remove a dead unborn child, and includes all procedures undertaken to kill a live unborn child and includes all procedures undertaken to produce a miscarriage.
(b) `Physician' means a person licensed to practice medicine in this State or a physician in the employment of the government of the United States who is similarly qualified.
(c) `Department' means the South Carolina Department of Health and Environmental Control.
(d) `Hospital' means those institutions licensed for hospital operation by the Department in accordance with the provisions of S 44-7-310 and which have also been certified by the Department to be suitable facilities for the performance of abortions Title 44, Chapter 7 and includes a clinic or other medical facility to the extent that such clinic or other medical facility provides equipment and personnel sufficient in quantity and quality to provide the same degree of safety to the pregnant woman and the unborn child as would be provided for the particular medical procedures undertaken by a general hospital licensed by the department. It is the responsibility of the department to determine if the clinic or other medical facility qualifies and to certify this qualification.
(e) "Clinic" shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the Department, and which has also been certified by the Department to be suitable for the performance of abortions. (RESERVED)
(f) `Pregnancy' means the condition of a woman carrying a fetus or embryo within her body as the result of conception.
(g) `Conception' means the fecundation of the ovum by the spermatozoa.
(h) `Consent' means a signed and witnessed voluntary agreement to the performance of an abortion.
(i) `First trimester of pregnancy' means the first twelve weeks of pregnancy commencing with conception rather than computed on the basis of the menstrual cycle.
(j) `Second trimester of pregnancy' means that portion of a pregnancy following the twelfth week and extending through the twenty-fourth week of gestation.
(k) `Third trimester of pregnancy' means that portion of a pregnancy beginning with the twenty-fifth week of gestation.
(l) `Viability' means that stage of human development when the fetus is potentially able to live outside of the mother's womb with or without the aid of artificial life-support systems. For the purposes of this chapter, a legal presumption is hereby created that viability occurs no sooner than the twenty-fourth twentieth week of pregnancy.
(m) `Minor' means a female under the age of seventeen.
(n) `Emancipated minor' means a minor who is or has been married or has by court order been freed from the care, custody, and control of her parents.
(o) `In loco parentis' means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days."
SECTION 4. Section 44-41-30 of the 1976 Code, as last amended by Act 341 of 1990, is further amended to read:
"Section 44-41-30. (A) Consent is required before the performance of an abortion from the pregnant woman in every case and in the case of a minor, it must be obtained pursuant to the provisions of Section 44-41-31.
(B) In the case of a woman who is under adjudication of mental incompetency by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.
(C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if:
(1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman; or
(2) the pregnancy is the result of incest.
(D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State.
(E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman if she is capable of giving consent."
SECTION 5. Section 44-41-70 of the 1976 Code is amended to read:
"Section 44-41-70. (a) The Department shall promulgate and enforce rules and regulations for the certification of hospitals as defined in Section 44-41-10(d) as suitable facilities for the performance of abortions.
(b) The Department shall promulgate and enforce rules and regulations for the licensing and certification of facilities other than hospitals as defined in S 44-41-10(d) wherein abortions are to be performed as provided for in S 44-41-20(b)."
SECTION 6. Section 44-41-20 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.