Bill 3502

                    Current Status

Bill Number:                    3502
Ratification Number:            33
Act Number:                     11
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970220
Primary Sponsor:                Judiciary Committee HJ 25
All Sponsors:                   Judiciary Committee
Drafted Document Number:        gjk\20144sd.97
Date Bill Passed both Bodies:   19970314
Governor's Action:              S
Date of Governor's Action:      19970326
Subject:                        Partial-birth abortion, unlawful;
                                Medical, Acts Cited by Popular Name,
                                Crimes and Offenses

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19970423  Act No. A11
------  19970326  Signed by Governor
------  19970325  Ratified R33
Senate  19970314  Read third time, enrolled for
                  ratification
Senate  19970313  Read second time, unanimous
                  consent for third reading on
                  Friday, 19970314
Senate  19970312  Committee report: Favorable              13 SMA
Senate  19970304  Introduced, read first time,             13 SMA
                  referred to Committee
House   19970228  Read third time, sent to Senate
House   19970227  Read second time, unanimous
                  consent for third reading on
                  Friday, 19970228
House   19970227  Request for debate withdrawn
                  by Representative                                Allison
                                                                   Scott
                                                                   Easterday
                                                                   Altman
                                                                   Mason
                                                                   R. Smith
                                                                   Beck
                                                                   Miller
                                                                   Rodgers
House   19970226  Objection by Representative                      Cobb-Hunter
                                                                   Kennedy
House   19970226  Request for debate by Representative             Scott
                                                                   Easterday
                                                                   Allison
                                                                   R. Smith
                                                                   Mason
                                                                   Rodgers
                                                                   Altman
                                                                   Mack
                                                                   Beck
                                                                   Miller
House   19970220  Introduced, read first time

(A11, R33, H3502)

AN ACT 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:

Partial-birth abortion unlawful; penalties and sanctions

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 of this section, for a conspiracy to violate this section, or for any other offense which is based on a violation of this section."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 26th day of March, 1997.