H 4374 Session 111 (1995-1996)
H 4374 General Bill, By Haskins, Easterday, Fair, R.J. Herdklotz, Simrill,
Vaughn and Walker
Similar(S 1115)
A Bill 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.
12/20/95 House Prefiled
12/20/95 House Referred to Committee on Judiciary
01/09/96 House Introduced and read first time HJ-70
01/09/96 House Referred to Committee on Judiciary HJ-70
A BILL
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:
"Article 7
Post-Viability Abortion
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.
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