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.