H 3652 Session 109 (1991-1992)
H 3652 General Bill, By D.M. Beasley, H. Brown, D.M. Bruce, Cooper,
K.S. Corbett, Fair, J.G. Felder, Haskins, Hayes, Keegan, J.R. Klapman, Koon,
Littlejohn, C.V. Marchbanks, W.S. McCain, Quinn, Sharpe, C.L. Sturkie, Vaughn,
C.C. Wells, D.A. Wright and R.M. Young
A Bill to enact the "Human Life Protection Act"; to amend Section 44-41-10, as
amended, Code of Laws of South Carolina, 1976, relating to definitions under
the State's abortion law, so as to define "unborn child"; to amend the 1976
Code by adding Section 44-41-25 so as to prohibit an abortion unless the
attending physician reasonably determines, in his or her medical judgment,
that the pregnant woman's life would be endangered if the unborn child were
carried to term and records the basis for that medical judgment; to amend
Section 44-41-80, relating to performing or soliciting an unlawful abortion,
penalties, and compelling the testimony of a woman upon whom an abortion has
been performed or attempted in violation of Chapter 41 of Title 44, so as to
increase the penalty for performing an unlawful abortion and delete the
provisions of law that a woman who solicits of any person or otherwise
procures any drug, medicine, prescription, or substance and administers it to
herself or who submits to any operation or procedure or who uses or employs
any device or instrument or other means with intent to produce an abortion,
unless it is necessary to preserve her life, is guilty of a misdemeanor and
must be punished by imprisonment for not more than two years or fined not more
than one thousand dollars, or both; to provide for the severability of the
provisions, words, phrases, and clauses of this Act; to provide that, if any
provision of this Act is at any time temporarily or permanently restrained or
enjoined by judicial order or declared unconstitutional, Sections 44-41-10,
44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34, 44-41-35, 44-41-36, and
44-41-37, relating to definitions, consent requirements, and abortions
regarding minors and related provisions, shall have full force and effect, and
provide that, if any such temporary or permanent restraining order or
injunction is ever stayed or dissolved, or such declaration of
unconstitutionality is ever reversed or otherwise ceases to have effect, the
provisions of this Act shall have full force and effect without regard to
Sections 44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34, 44-41-35, 44-41-36,
and 44-41-37, which, in that case, are repealed and replaced by the provisions
of this Act; and to repeal Section 44-41-20, relating to legal abortions in
South Carolina.
03/06/91 House Introduced and read first time HJ-14
03/06/91 House Referred to Committee on Judiciary HJ-15
02/18/92 House Tabled in committee
A BILL
TO ENACT THE "HUMAN LIFE PROTECTION ACT";
TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS
UNDER THE STATE'S ABORTION LAW, SO AS TO DEFINE
"UNBORN CHILD"; TO AMEND THE 1976 CODE BY
ADDING SECTION 44-41-25 SO AS TO PROHIBIT AN ABORTION
UNLESS THE ATTENDING PHYSICIAN REASONABLY
DETERMINES, IN HIS OR HER MEDICAL JUDGMENT, THAT
THE PREGNANT WOMAN'S LIFE WOULD BE ENDANGERED IF
THE UNBORN CHILD WERE CARRIED TO TERM AND RECORDS
THE BASIS FOR THAT MEDICAL JUDGMENT; TO AMEND
SECTION 44-41-80, RELATING TO PERFORMING OR
SOLICITING AN UNLAWFUL ABORTION, PENALTIES, AND
COMPELLING THE TESTIMONY OF A WOMAN UPON WHOM
AN ABORTION HAS BEEN PERFORMED OR ATTEMPTED IN
VIOLATION OF CHAPTER 41 OF TITLE 44, SO AS TO INCREASE
THE PENALTY FOR PERFORMING AN UNLAWFUL ABORTION
AND DELETE THE PROVISIONS OF LAW THAT A WOMAN WHO
SOLICITS OF ANY PERSON OR OTHERWISE PROCURES ANY
DRUG, MEDICINE, PRESCRIPTION, OR SUBSTANCE AND
ADMINISTERS IT TO HERSELF OR WHO SUBMITS TO ANY
OPERATION OR PROCEDURE OR WHO USES OR EMPLOYS
ANY DEVICE OR INSTRUMENT OR OTHER MEANS WITH
INTENT TO PRODUCE AN ABORTION, UNLESS IT IS
NECESSARY TO PRESERVE HER LIFE, IS GUILTY OF A
MISDEMEANOR AND MUST BE PUNISHED BY IMPRISONMENT
FOR NOT MORE THAN TWO YEARS OR FINED NOT MORE
THAN ONE THOUSAND DOLLARS, OR BOTH; TO PROVIDE FOR
THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES,
AND CLAUSES OF THIS ACT; TO PROVIDE THAT, IF ANY
PROVISION OF THIS ACT IS AT ANY TIME TEMPORARILY OR
PERMANENTLY RESTRAINED OR ENJOINED BY JUDICIAL
ORDER OR DECLARED UNCONSTITUTIONAL, SECTIONS
44-41-10, 44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34, 44-41-35,
44-41-36, AND 44-41-37, RELATING TO DEFINITIONS, CONSENT
REQUIREMENTS, AND ABORTIONS REGARDING MINORS AND
RELATED PROVISIONS, SHALL HAVE FULL FORCE AND
EFFECT, AND PROVIDE THAT, IF ANY SUCH TEMPORARY OR
PERMANENT RESTRAINING ORDER OR INJUNCTION IS EVER
STAYED OR DISSOLVED, OR SUCH DECLARATION OF
UNCONSTITUTIONALITY IS EVER REVERSED OR OTHERWISE
CEASES TO HAVE EFFECT, THE PROVISIONS OF THIS ACT
SHALL HAVE FULL FORCE AND EFFECT WITHOUT REGARD
TO SECTIONS 44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34,
44-41-35, 44-41-36, AND 44-41-37, WHICH, IN THAT CASE, ARE
REPEALED AND REPLACED BY THE PROVISIONS OF THIS
ACT; AND TO REPEAL SECTION 44-41-20, RELATING TO LEGAL
ABORTIONS IN SOUTH CAROLINA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the
"Human Life Protection Act".
SECTION 2. (A) The General Assembly finds the following:
(1) The life of an individual human being begins at
conception.
(2) The State of South Carolina has a compelling interest in
protecting the lives of all unborn children within the State.
(3) The State of South Carolina likewise has a compelling
interest in protecting the lives of women -- specifically, the lives of
pregnant women.
(4) The widespread practice of abortion as a response to
unplanned or crisis pregnancies is a profound tragedy which diminishes
respect for human life and prevents the emergence of compassionate
alternatives which affirm the value of unborn human life and which also
protect the lives and welfare of pregnant women.
(5) The State of South Carolina affirms the long-standing
tradition in American law of prosecuting those who perform illegal
abortions and not the pregnant women who undergo them.
(6) This act is not intended to apply to routine emergency
medical treatment given to victims of sexual assault.
(B) The purpose of this act, consistent with the findings in
subsection (A), is to provide legal protection to unborn children within
South Carolina. The act does so by providing the sanction of the
criminal law to abortions performed except to save the life of the
mother.
SECTION 3. Section 44-41-10 of the 1976 Code, as last amended by
Act 341 of 1990, is further amended by adding:
"(p) `Unborn child' means an individual organism of the
species Homo sapiens from conception until birth."
SECTION 4. Chapter 41, Title 44 of the 1976 Code is amended by
adding:
"Section 44-41-25. No person may perform an abortion upon
a pregnant woman unless her attending physician:
(1) reasonably determines, in his or her medical judgment, that
the pregnant woman's life would be endangered if the unborn child were
carried to term; and
(2) records, either before or after the abortion, the basis for his or
her medical judgment in the woman's medical record."
SECTION 5. Section 44-41-80 of the 1976 Code is amended to read:
"Section 44-41-80. (a) Any person, except as permitted by this
chapter, who provides, supplies, prescribes, or administers any
drug, medicine, prescription, or substance to any woman or uses
or employs any device, instrument, or other means upon any
woman, with the intent to produce an abortion shall be
deemed is guilty of a felony and, upon conviction,
shall must be punished by imprisonment for a term of
not less than two four nor more than five
ten years or fined not more than five ten
thousand dollars, or both. Provided, that the The
provisions of this item subsection shall
do not apply to any woman upon whom an abortion has been
attempted or performed.
(b) Except as otherwise permitted by this chapter, any woman
who solicits of any person or otherwise procures any drug, medicine,
prescription or substance and administers it to herself or who submits to
any operation or procedure or who uses or employs any device or
instrument or other means with intent to produce an abortion, unless it
is necessary to preserve her life, shall be deemed guilty of a
misdemeanor and, upon conviction, shall be punished by imprisonment
for a term of not more than two years or fined not more than one
thousand dollars, or both.
(c) (b) Any woman upon whom an abortion has been
performed or attempted in violation of the provisions of this chapter may
be compelled to testify in any criminal prosecution initiated pursuant to
subsection (a) of this section;. provided, however,
that such However, the testimony shall is
not be admissible in any civil or criminal action against
such the woman and she shall be is
forever immune from any prosecution for having solicited or otherwise
procured the performance of the abortion or the attempted performance
of the abortion upon her."
SECTION 6. If any provision, word, phrase, or clause of this act or
its application to any person or circumstance is held invalid, the
invalidity does not affect the provisions, words, phrases, clauses, or
application of this act which can be given effect without the invalid
provision, word, phrase, clause, or application, and, to this end, the
provisions, words, phrases, and clauses of this act are severable.
SECTION 7. If any provision of this act is at any time temporarily
or permanently restrained or enjoined by judicial order or declared
unconstitutional, Sections 44-41-10, 44-41-30, 44-41-31, 44-41-32,
44-41-33, 44-41-34, 44-41-35, 44-41-36, and 44-41-37 of the 1976
Code, relating to definitions, consent requirements, and abortions
regarding minors and related provisions, shall have full force and effect.
However, if any such temporary or permanent restraining order or
injunction is ever stayed or dissolved, or such declaration of
unconstitutionality is ever reversed or otherwise ceases to have effect,
the provisions of this act have full force and effect without regard to
Sections 44-41-30, 44-41-31, 44-41-32, 44-41-33, 44-41-34, 44-41-35,
44-41-36, and 44-41-37, which, in that case, are repealed and replaced
by the provisions of this act.
SECTION 8. Section 44-41-20 of the 1976 Code is repealed.
SECTION 9. This act takes effect upon approval by the Governor.
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