S 307 Session 112 (1997-1998)
S 0307 General Bill, By Leatherman, Alexander, Courson, Courtney, Fair, Giese,
Gregory, Hayes, Lander, Martin, McConnell, Mescher, Moore, O'Dell, Peeler,
M.T. Rose, Russell, Ryberg, J.V. Smith, Thomas, Waldrep and Wilson
Similar(H 3146, H 3502)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
44-41-85 SO AS TO MAKE THE PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL AND
A FELONY, TO PROVIDE PENALTIES FOR VIOLATION, TO GRANT TO CERTAIN PERSONS A
CAUSE OF ACTION AGAINST THE PHYSICIAN OR OTHER PERSON UNLAWFULLY PERFORMING A
PARTIAL-BIRTH ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES WHICH MAY BE
OBTAINED.
02/04/97 Senate Introduced and read first time SJ-11
02/04/97 Senate Referred to Committee on Medical Affairs SJ-11
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 44-41-85 SO AS TO MAKE THE
PERFORMING OF A PARTIAL-BIRTH ABORTION UNLAWFUL
AND A FELONY, TO PROVIDE PENALTIES FOR VIOLATION,
TO GRANT TO CERTAIN PERSONS A CAUSE OF ACTION
AGAINST THE PHYSICIAN OR OTHER PERSON
UNLAWFULLY PERFORMING A PARTIAL-BIRTH
ABORTION, AND TO STIPULATE THE TYPES OF DAMAGES
WHICH MAY BE OBTAINED.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-85. (A) A physician who knowingly performs a
partial-birth abortion and thereby kills a human fetus is guilty of a
felony and, upon conviction, must be fined not less than five
thousand dollars or imprisoned for not less than five years, or both.
This section shall not apply to a partial-birth abortion that is
necessary to save the life of a mother whose life is endangered by a
physical disorder, a physical illness, or a physical injury if no other
medical procedure would suffice for that purpose.
(B) As used in this section:
(1) the term 'partial-birth abortion' means an abortion in which
the person performing the abortion partially vaginally delivers a
living fetus before killing the fetus and completing the delivery.
(2) the term 'physician' means a physician, surgeon, or
osteopath authorized to practice medicine in this State and licensed
pursuant to Chapter 47 of Title 40. However, an individual who is
not a physician, but who directly and knowingly performs a
partial-birth abortion is also subject to the provisions of this section.
(C)(1) The father, if married to the mother at the time she receives
a partial-birth 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 partial-birth 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 partial-birth abortion is performed
may not be prosecuted for a violation this section, for a conspiracy to
violate this section, or for any other offense which is based on a
violation of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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