Current Status Bill Number:4346 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960109 Primary Sponsor:Herdklotz All Sponsors:Herdklotz, Allison, Anderson, Askins, Boan, Wilkins, G. Brown, T. Brown, Cain, Cato, Chamblee, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, P. Harris, Harrison, Harvin, Haskins, Huff, Hutson, Jaskwhich, Keegan, Kelley, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Limbaugh, Limehouse, Littlejohn, Marchbanks, Mason, McCraw, McKay, McMahand, McTeer, Meacham, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Sandifer, Seithel Sharpe, Simrill, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, Wilder, Witherspoon, Worley, Wright, J. Young, Young-Brickell, Bailey, Law Drafted Document Number:PFM\7521AC.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Crimes Against Unborn Children Act
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960109 Introduced, read first time, 25 HJ
referred to Committee
House 19951213 Prefiled, referred to Committee 25 HJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "CRIMES AGAINST UNBORN CHILDREN ACT" BY ADDING SECTION 16-3-90 SO AS TO CREATE OFFENSES AGAINST AN UNBORN CHILD OF INTENTIONAL HOMICIDE, VOLUNTARY MANSLAUGHTER, INVOLUNTARY MANSLAUGHTER, BATTERY, AND AGGRAVATED BATTERY AND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Crimes Against Unborn Children Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-90. (A) For purposes of this section:
(1) `Unborn child' means an individual of the human species from fertilization until birth.
(2) `Person' does not include the pregnant woman whose unborn child is killed.
(3) `Abortion' means use of an instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus.
(B) A person commits the offense of intentional homicide of an unborn child if, in performing acts which cause the death of an unborn child, the person without lawful justification:
(1) intended to cause the death of or do great bodily harm to the pregnant woman, her unborn child, or another;
(2) knew that such acts would cause death or great bodily harm to the pregnant woman, her unborn child, or another;
(3) knew that such acts created a strong possibility of death or great bodily harm to the pregnant woman, her unborn child, or another.
(C) A person commits voluntary manslaughter of an unborn child if the person kills the unborn child without lawful justification and if at the time of the killing the person:
(1) is acting under a sudden and intense passion resulting from reasonable provocation by another whom the offender endeavors to kill, but the person negligently or accidentally causes the death of the unborn child. Reasonable provocation is conduct sufficient to excite an intense passion in a reasonable person;
(2) believes the circumstances to be such that, if they existed, would justify or exonerate the killing, but the person's belief is unreasonable.
(D) A person commits involuntary manslaughter of an unborn child if the person unintentionally kills an unborn child without lawful justification and if the person's acts, whether lawful or unlawful, which cause the death are likely to cause death or great bodily harm to some individual or an unborn child, and the person performs such acts recklessly, except in cases in which the cause of death consists of the driving of a motor vehicle, in which case the person commits reckless homicide of an unborn child.
(E) A person commits battery of an unborn child if the person intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child.
(F) A person commits aggravated battery of an unborn child if the person in committing battery of an unborn child, as provided for in subsection (E), intentionally or knowingly causes great bodily harm or permanent disability or disfigurement to the unborn child.
(G) A person who is convicted of or who pleads guilty or nolo contendere to:
(1) intentional homicide of an unborn child, pursuant to subsection (B), is guilty of a felony and must be imprisoned for life and is not eligible for parole until twenty years;
(2) voluntary manslaughter of an unborn child, pursuant to subsection (C), is guilty of a felony and must be imprisoned not more than twenty years;
(3) involuntary manslaughter of an unborn child, pursuant to subsection (D), is guilty of a felony and must be imprisoned not more than fifteen years;
(4) reckless homicide of an unborn child, pursuant to subsection (D), is guilty of a felony and must be imprisoned not more than ten years.
(5) battery of an unborn child, pursuant to subsection (E), is guilty of a misdemeanor and must be imprisoned not more than two years;
(6) aggravated battery of an unborn child, pursuant to subsection (F), is guilty of a felony and must be imprisoned not more than five years.
(H) This section must not be construed to prohibit the prosecution of a person under any other provision of law and may not be construed to preclude a civil cause of action where one exists.
(I) This section does not apply to acts which cause the death of an unborn child if those acts were committed during an abortion, lawful or unlawful, for which the pregnant woman has consented. This section does not apply to acts which are committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment."
SECTION 3. This act takes effect upon approval by the Governor.