H 3122 General Bill, By Haskins, Knotts, Meacham, Robinson 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.

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-52
   01/14/97  House  Referred to Committee on Judiciary HJ-53

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 of 1997".

SECTION 2. Title 44, Chapter 41 of the 1976 Code is amended by adding:

"Article 5

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, 1997.