Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ 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, a physician who knowingly performs or
attempts to perform a dismemberment abortion and thereby kills
an unborn child unless necessary to prevent serious health risk
to the unborn child's mother is guilty of a felony and upon
conviction must be fined ten thousand dollars or imprisoned for
two years or both. '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)
'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 one piece at a time
from the uterus through use of clamps, grasping forceps, tongs,
scissors or similar instruments that, through the convergence of
two rigid levers, slice, crush, and/or grasp a portion of the
unborn child's body to cut or rip it off.
(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' does not include an
abortion which uses suction to dismember the body of the unborn
child by sucking fetal parts into a collection container,
although it does include an abortion in which a dismemberment
abortion, as defined in item (1) is used to cause the death of
an unborn child but suction is subsequently used to extract
fetal parts after the death of the unborn child.
(C)(1) The father, if
married to the mother at the time she receives a dismemberment
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 dismemberment 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
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.
(E) This article does
not prevent abortion for any reason including rape and incest by
any other method.
Section 44-41-620.
(A) A cause of action
for injunctive relief against a person who has performed or
attempted to perform a dismemberment abortion in violation of
Section 44-41-610 may be maintained by:
(1)
a woman upon whom such a dismemberment abortion was
performed;
(2)
if the woman is a minor, a person who is the parent or
guardian of a woman upon whom such a dismemberment abortion was
performed; or
(3)
a prosecuting attorney with appropriate jurisdiction.
(B) The injunction
shall prevent the defendant from performing further
dismemberment abortions in violation of Section 44-41-610 in
this State.
(C) A cause of action
may not be maintained by a plaintiff if the pregnancy resulted
from the plaintiff's criminal conduct.
Section 44-41-630. 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.