Current Status Bill Number:4374 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960109 Primary Sponsor:Haskins All Sponsors:Haskins, Fair, Herdklotz, Simrill, Vaughn, Walker, Easterday Drafted Document Number:PFM\7742AC.96 Companion Bill Number:1115 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Post-Viability Abortion
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960109 Introduced, read first time, 25 HJ
referred to Committee
House 19951220 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
TO AMEND TITLE 44, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, BY ADDING ARTICLE 7 SO AS TO PROHIBIT POST-VIABILITY ABORTIONS, TO PROVIDE EXCEPTIONS, TO PROVIDE PROCEDURES TO FOLLOW IN MAKING AN EXCEPTION, AND TO PROVIDE CRIMINAL PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 44, Chapter 41 of the 1976 Code is amended by adding:
Section 44-41-710. For purposes of this article:
(1) `Fertilization' means the fusion of a human spermatozoon with a human ovum.
(2) `Live birth' means that the human being was completely expelled or extracted from the mother and after the separation breathed or showed evidence of any of: beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or brain-wave activity.
(3) `Medical emergency' means that condition which, on the basis of a physician's good-faith clinical judgment, so complicates a pregnancy as to necessitate the immediate abortion of the pregnancy to avert the pregnant woman's death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function of the woman.
(4) `Unborn child' means an individual organism of the species homo sapiens from fertilization until live birth.
(5) `Viable' and `viability' each means that stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before the physician and in light of the most advanced medical technology and information available to the physician, there is a reasonable likelihood of sustained survival of the unborn child outside the body of the mother, with or without artificial support.
Section 44-41-720. (A) Except as provided for in subsections (C) and (D), it is unlawful to intentionally, knowingly, or recklessly perform or induce an abortion when the unborn child is viable.
(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 ten years, or both.
(C) It is not a violation of subsection (A) if an abortion is performed by a physician who reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman, and it is not possible to perform a live birth delivery using any medical procedure. No abortion may be deemed authorized under this section if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function.
(D) It is not a violation of subsection (A) if the abortion is performed by a physician who reasonably believes, after making a determination of the viability of the unborn child in compliance with Section 44-41-740, that the unborn child is not viable.
Section 44-41-730. (A) Except in the case of a medical emergency which, in the reasonable medical judgment of the physician performing the abortion, prevents compliance with a particular requirement of this subsection, it is unlawful to perform an abortion authorized under Section 44-41-720(C) unless:
(1) The physician performing the abortion certifies in writing that, based upon his or her medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or serious risk of substantial and irreversible impairment of a major bodily function;
(2) The physician's judgment with respect to the necessity for the abortion has been concurred in by one other licensed physician who certifies in writing that, based upon his or her separate personal medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman;
(3) The abortion is performed in a hospital;
(4) The physician terminates the pregnancy in a manner which provides the best opportunity for the unborn child to survive unless the physician determines, in his or her good-faith medical judgment, that termination of the pregnancy in that manner poses a significantly greater risk either of the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman than would other available methods; and
(5) The physician performing the abortion arranges for the attendance, in the same room in which the abortion is to be completed, of a second physician who shall take control of the child immediately after complete extraction from the mother and shall provide immediate medical care for the child, taking all reasonable steps necessary to preserve the child's life and health.
(B) Any person who violates subsection (A) is guilty of a felony and must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
Section 44-41-740. Except in the case of a medical emergency, before performing an abortion upon a woman subsequent to her first nineteen weeks of pregnancy, the physician shall determine whether, in his or her good-faith medical judgment, the child is viable. When the physician has determined that a child is viable, the physician shall report the basis for his or her determination that the abortion is necessary to prevent the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. When the physician has determined that a child is not viable after the first nineteen weeks of pregnancy, the physician shall report the basis for this determination."
SECTION 2. This act takes effect upon approval by the Governor.