S 0970 General Bill, By M.T. Rose
 A Bill to amend Section 20-7-50, Code of Laws of South Carolina, 1976,
 relating to the unlawful neglect of a child or helpless person by their legal
 custodian, so as to provide that this offense includes the unauthorized or
 illegal use of a controlled substance, as defined in Chapter 53, Title 44,
 during pregnancy by a woman who knows that she is pregnant and if the fetus is
 viable; to amend Section 20-7-70, relating to cruelty to children, so as to
 provide that this offense includes the unauthorized or illegal use of a
 controlled substance, as defined in Chapter 53, Title 44, during pregnancy by
 a woman who knows that she is pregnant and if the fetus is viable; to amend
 Section 20-7-490, relating to the definition of "harm" for purposes of the
 child abuse and neglect reporting statutes, so as to include within the
 definition of "harm" the unauthorized or illegal use of a controlled
 substance, as defined in Chapter 53, Title 44, during pregnancy by a woman who
 knows that she is pregnant and if the fetus is viable; and to provide that
 these sections shall not be construed to limit a woman's ability to have an
 abortion as otherwise permitted by law.

   12/04/95  Senate Prefiled
   12/04/95  Senate Referred to Committee on Judiciary
   01/09/96  Senate Introduced and read first time SJ-76
   01/09/96  Senate Referred to Committee on Judiciary SJ-76

A BILL

TO AMEND SECTION 20-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL NEGLECT OF A CHILD OR HELPLESS PERSON BY THEIR LEGAL CUSTODIAN, SO AS TO PROVIDE THAT THIS OFFENSE INCLUDES THE UNAUTHORIZED OR ILLEGAL USE OF A CONTROLLED SUBSTANCE, AS DEFINED IN CHAPTER 53, TITLE 44, DURING PREGNANCY BY A WOMAN WHO KNOWS THAT SHE IS PREGNANT AND IF THE FETUS IS VIABLE; TO AMEND SECTION 20-7-70, RELATING TO CRUELTY TO CHILDREN, SO AS TO PROVIDE THAT THIS OFFENSE INCLUDES THE UNAUTHORIZED OR ILLEGAL USE OF A CONTROLLED SUBSTANCE, AS DEFINED IN CHAPTER 53, TITLE 44, DURING PREGNANCY BY A WOMAN WHO KNOWS THAT SHE IS PREGNANT AND IF THE FETUS IS VIABLE; TO AMEND SECTION 20-7-490, RELATING TO THE DEFINITION OF "HARM" FOR PURPOSES OF THE CHILD ABUSE AND NEGLECT REPORTING STATUTES, SO AS TO INCLUDE WITHIN THE DEFINITION OF "HARM" THE UNAUTHORIZED OR ILLEGAL USE OF A CONTROLLED SUBSTANCE, AS DEFINED IN CHAPTER 53, TITLE 44, DURING PREGNANCY BY A WOMAN WHO KNOWS THAT SHE IS PREGNANT AND IF THE FETUS IS VIABLE; AND TO PROVIDE THAT THESE SECTIONS SHALL NOT BE CONSTRUED TO LIMIT A WOMAN'S ABILITY TO HAVE AN ABORTION AS OTHERWISE PERMITTED BY LAW.

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

SECTION 1. Section 20-7-50 of the 1976 Code is amended to read:

"Section 20-7-50. It is unlawful for a person who has the legal custody of a child or helpless person, without lawful excuse, to refuse or neglect to provide the proper care and attention, as defined in Section 20-7-490, for the child or helpless person, so that the life, health, or comfort of the child or helpless person is endangered or is likely to be endangered. The offense described in this section includes, among other things, the unauthorized or illegal use of a controlled substance, as defined in Chapter 53, Title 44, during pregnancy by a woman who knows that she is pregnant and if the fetus is viable at the time the offense is committed. Nothing in this section shall be construed to limit a woman's ability to have an abortion as otherwise permitted by law.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."

SECTION 2. Section 20-7-70 of the 1976 Code is amended to read:

"Section 20-7-70. Whoever tortures, torments, cruelly ill-treats, deprives of necessary sustenance or shelter or inflicts unnecessary pain or suffering upon any child or causes the same to be done, whether such person be the parent or guardian or have charge or custody of such child, shall, for every such offense, be guilty of a misdemeanor and be punished by imprisonment in jail not exceeding thirty days or by fine not exceeding one hundred dollars, at the discretion of the magistrate. The offenses described in this section include, among other things, the unauthorized or illegal use of a controlled substance, as defined in Chapter 53, Title 44, during pregnancy by a woman who knows that she is pregnant and if the fetus is viable at the time the offense is committed. Nothing in this section shall be construed to limit a woman's ability to have an abortion as otherwise permitted by law. All the provisions of Chapter 1 of Title 47 in reference to the prevention of cruelty to animals shall be extended to the enforcement of this section."

SECTION 3. Section 20-7-490(C) of the 1976 Code is amended to read:

"(C) `Harm' to a child's health or welfare can occur when the parent, guardian or other person responsible for his welfare:

(1) Inflicts inflicts or allows to be inflicted upon the child physical or mental injury, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which meets each of the following guidelines:

(a) The physical aggression must be administered by a parent or person in loco parentis.

(b) It must be perpetrated for the sole purpose of restraining or correcting the child.

(c) The force or violence of the discipline must be reasonable in manner and moderate in degree.

(d) The force and violence of the discipline must not have brought about permanent or lasting damage to the child.

(e) The behavior of the parent must not be reckless or grossly negligent.

(2) Commits commits or allows to be committed against the child a sexual offense as defined by the laws of this State. ;

(3) Fails fails to supply the child with adequate food, clothing, shelter, education as required under Article 1 of Chapter 65 of Title 59, or health care though financially able to do so or offered financial or other reasonable means to do so. For the purpose of this chapter `adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under state law. ;

(4) Abandons abandons the child under circumstances which indicate no intention to return. ;

(5) Encourages encourages, condones, or approves the commission of delinquent acts by the child and the commission of the acts are shown to be the result of the encouragement, condonation, or approval. ;

(6) uses without authorization or otherwise illegally uses a controlled substance, as defined in Chapter 53, Title 44, during pregnancy if the woman knows that she is pregnant and the fetus is viable at the time the substance is used. Nothing in this section shall be construed to limit a woman's ability to have an abortion as otherwise permitted by law."

SECTION 4. This act takes effect upon approval by the Governor.