Rep. MAGNUSON proposes the following Amendment No. to H. 4568 (COUNCIL\VR\4568C019.CC.VR22):
Reference is to Printer's Date 03/30/22-H.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Title 44 of the 1976 Code is amended by adding:
"CHAPTER 139
Prohibition of Abortions
Section 44-139-10.For the purposes of this chapter:
( 1)(a)'Abortion' means:
(i) the use, distribution, dispensing, or delivering of any instrument, medicine, drug, or any other substance or device intended to intentionally kill the unborn baby of a woman known or suspected to be pregnant; and
(ii) an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the death of the unborn baby of a woman known or suspected to be pregnant.
(b) The definition of 'abortion' does not include a medical procedure performed by a physician to:
(i) save the life or preserve the health of an unborn baby;
(ii) remove a dead unborn baby caused by a spontaneous abortion; or
(iii) treat an ectopic pregnancy.
(2) 'Attempt to perform or induce an abortion' means an act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this State in violation of this chapter.
(3) 'Fertilization' means the fusion of a human spermatozoon with a human ovum.
(4) 'Physician' means any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this State.
(5) 'Unborn baby' means an individual human being from fertilization until live birth.
(6) 'Woman' means a female human being whether or not she has reached the age of majority.
Section 44-139-20.It is unlawful for a person to participate in the performance or induction of, or participate in an attempt to perform or induce, an abortion in this State.
Section 44-139-30.A person convicted of participating in the performance or induction of an abortion must be punished in the same manner as provided in Section 16-3-20. Notwithstanding the provisions of this section, the prosecuting agency in determining the appropriate criminal charge, if any, against a woman upon whom an abortion is performed must consider the level of cooperation by that woman in the prosecution of any other person violating this chapter; provided, however, if the pregnancy resulted from rape or incest, the woman may not be charged with an offense that carries a higher penalty than the person charged with the act of rape or incest.
Section 44-139-40.A person convicted of participating in an attempt to perform or induce an abortion must be punished in the same manner as provided in Section 16-3-29. Notwithstanding the provisions of this section, the prosecuting agency in determining the appropriate criminal charge, if any, against a woman upon whom an abortion is performed must consider the level of cooperation by that woman in the prosecution of any other person violating this chapter; provided, however, if the pregnancy resulted from rape or incest, the woman may not be charged with an offense that carries a higher penalty than the person charged with the act of rape or incest.
Section 44-139-50.(A) Nothing in this chapter shall be construed to prohibit a physician from performing a medical procedure or providing medical treatment designed or intended to prevent the death of a pregnant woman, including delivering the unborn baby prematurely if necessarily concomitant with the lifesaving intervention. However, a physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the unborn baby in a manner consistent with accepted medical standards. Under such circumstances, the accidental or unintentional injury to or death of the unborn baby is not a violation of this chapter. A physician's understanding of a risk of death for a pregnant woman must not be based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or a diagnosis or claim that the pregnant woman will purposefully engage in conduct that she intends to result in her death. The provisions of this section must not be construed to authorize the intentional killing of an unborn baby.
(B) Nothing in this chapter shall be construed to prohibit contraception. As used in this subsection, 'contraception' is defined as the prevention of fertilization."
B. The provisions contained in this SECTION shall take effect upon the certification by the Attorney General to the Governor, the President of the Senate, and the Speaker of the House of Representatives that:
(1) the United States Supreme Court has overruled, in whole or in part, Roe v. Wade, 410 U.S. 113 (1973), that has the effect of acknowledging that the State of South Carolina has the authority to regulate abortion to the extent set forth in this act;
(2) an amendment to the United States Constitution has been adopted that has the effect of acknowledging that the State of South Carolina has the authority to regulate abortion to the extent set forth in this act; or
(3) the United States Congress has enacted a law that has the effect of acknowledging that the State of South Carolina has the authority to regulate abortion to the extent set forth in this act. /