H 4380 Session 111 (1995-1996)
H 4380 General Bill, By Haskins, Easterday, R.J. Herdklotz, Littlejohn, Simrill,
Vaughn and Walker
A Bill to amend Title 44, Chapter 41, Code of Laws of South Carolina, 1976,
relating to abortions by adding Article 5 so as to enact the Partial-Birth
Abortion Ban Act which prohibits partial-birth abortions and which provides
criminal penalties and a civil cause of action.
12/20/95 House Prefiled
12/20/95 House Referred to Committee on Judiciary
01/09/96 House Introduced and read first time HJ-72
01/09/96 House Referred to Committee on Judiciary HJ-72
A BILL
TO AMEND TITLE 44, CHAPTER 41, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO ABORTIONS BY
ADDING ARTICLE 5 SO AS TO ENACT THE PARTIAL-BIRTH
ABORTION BAN ACT WHICH PROHIBITS PARTIAL-BIRTH
ABORTIONS AND WHICH PROVIDES CRIMINAL PENALTIES
AND A CIVIL CAUSE OF ACTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. This act may be cited as the Partial-Birth Abortion
Ban Act.
SECTION 2. Title 44, Chapter 41 of the 1976 Code is amended
by adding:
"Article 5
Partial-birth Abortions
Section 44-41-510. For purposes of this article, `partial-birth'
abortion means an abortion in which the person performing the
abortion partially vaginally delivers a living fetus before killing the
fetus and completing the delivery.
Section 44-41-520. (A) It is unlawful for a person knowingly to
perform a partial-birth abortion thereby killing a human fetus.
(B) A person who violates subsection (A) is guilty of a felony
and, upon conviction, must be fined not more than five thousand
dollars or imprisoned not more than five years, or both. For a
second violation of subsection (A), upon conviction, a person must
be fined not more than ten thousand dollars or imprisoned not more
than ten years, or both. For a third or subsequent violation of
subsection (A), upon conviction, a person must be fined not more
than fifteen thousand dollars or imprisoned not more than fifteen
years, or both.
(C) A woman upon whom a partial-birth abortion is performed
may not be prosecuted under this section for conspiring to violate
subsection (A).
Section 44-41-530. (A) When a partial-birth abortion is
performed in violation of Section 44-41-520(A), a civil action may
be brought to obtain appropriate relief. Unless the pregnancy
resulted from the plaintiff's criminal conduct or the plaintiff
consented to the partial-birth abortion, the action may be brought
by:
(1) the woman upon whom the abortion was performed;
(2) the father of the fetus if married to the woman at the time
she received the abortion; or
(3) the maternal grandparents of the fetus if the mother had
not attained the age of eighteen years at the time of the abortion.
(B) Relief in an action brought under subsection (A) includes:
(1) money damages for all injuries, psychological and
physical, occasioned by the violation of Section 44-41-520; and
(2) damages equal to three times the cost of the partial-birth
abortion."
SECTION 3. This act takes effect July 1, 1996.
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