Reference is to Printer's Date 3/22/17-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1.
Chapter 41, Title 44 of the 1976 Code is amended by
adding:
Section 44-41-610. This
article may be cited as the South Carolina Fetus Protection from
Dismemberment Abortion Act.
(A) Notwithstanding any
other provision of law, a physician who knowingly performs or
attempts to perform a dismemberment abortion and thereby kills a
fetus unless necessary to prevent serious health risk to the
fetus's mother is guilty of a felony and upon conviction must be
fined ten thousand dollars or imprisoned for two years or both.
'Serious health risk to the fetus's mother' means that in
reasonable medical judgment she has a condition that so
complicates her medical condition that it necessitates the
abortion of her pregnancy to avert her death or to avert serious
risk of substantial and irreversible physical impairment of a
major bodily function, not including psychological or emotional
conditions. No such condition may be determined to exist if it
is based on a claim or diagnosis that the woman will engage in
conduct which she intends to result in her death or in
substantial and irreversible physical impairment of a major
bodily function.
(B) As used in this
section:
(1)
'Dismemberment abortion' means, with the intention of
causing the death of a fetus, knowingly to dismember a living
fetus and extract the fetus one piece at a time from the uterus
through use of clamps, grasping forceps, tongs, scissors or
similar instruments that, through the convergence of two rigid
levers, slice, crush, or grasp a portion of the fetus's body to
cut or rip it off.
(2)
The term 'physician' means a physician, surgeon, or
osteopath authorized to practice medicine in this State and
licensed pursuant to Chapter 47, Title 40. However, an
individual who is not a physician, but who directly and
knowingly performs a dismemberment abortion is also subject to
the provisions of this section.
(3) The term
'dismemberment abortion' does not include an abortion which uses
suction to dismember the body of the fetus by sucking fetal
parts into a collection container, although it does include an
abortion in which a dismemberment abortion, as defined in item
(1) is used to cause the death of a fetus but suction is
subsequently used to extract fetal parts after the death of the
fetus.
(C)(1) The father, if
married to the mother at the time she receives a dismemberment
abortion, and if the mother has not attained the age of eighteen
years at the time of the abortion, the maternal grandparents of
the fetus have a cause of action against the physician or other
person unlawfully performing a dismemberment abortion and may
obtain appropriate relief, unless the pregnancy resulted from
the plaintiff's criminal conduct or the plaintiff consented to
the abortion.
(2)
Such relief includes, but is not limited to:
(a)
actual damages which shall be trebled;
(b)
punitive damages for all injuries, psychological and
physical, occasioned by the violation of this section; and
(c)
reasonable costs and attorney's fees.
(D) A woman upon whom a
dismemberment abortion is performed may not be prosecuted for a
violation of this section, for a conspiracy to violate this
section, or for any other offense which is based on a violation
of this section.
(E) This article does
not prevent abortion for any reason including rape and incest by
any other method.
Section 44-41-620. (A)
A cause of action for injunctive relief
against a person who has performed or attempted to perform a
dismemberment abortion in violation of Section 44-41-610 may be
maintained by:
(1)
a woman upon whom such a dismemberment abortion was
performed;
(2)
if the woman is a minor, a person who is the parent or
guardian of a woman upon whom such a dismemberment abortion was
performed; or
(3)
a prosecuting attorney with appropriate jurisdiction.
(B) The injunction
shall prevent the defendant from performing further
dismemberment abortions in violation of Section 44-41-610 in
this State.
(C) A cause of action
may not be maintained by a plaintiff if the pregnancy resulted
from the plaintiff's criminal conduct.
Section 44-41-630. Nothing in this article shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.