View Amendment Current Amendment: 9 to Bill 5399

Senator MALLOY proposed the following amendment (5399R014.KMM.GM):

Amend the bill, as and if amended, by striking the bill in its entirety and inserting:

/A JOINT RESOLUTION

TO PROPOSE AN AMENDMENT TO ARTICLE I OF THE SC CONSTITUTION, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 26 TO PROVIDE THAT THERE IS NO STATE CONSTITUTIONAL RIGHT TO AN ABORTION IN SOUTH CAROLINA BUT THE GENERAL ASSEMBLY MAY ENACT LAWS ALLOWING FOR AN ABORTION UNDER CERTAIN ENUMERATED CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of South Carolina

SECTION1. It is proposed that Article I of the Constitution of this State is amended by adding a new Section to read:

"Section 26. (A) The General Assembly shall enact no law permitting the termination of the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill the unborn child of a woman known to be pregnant; or to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth. In the context of this section, a pregnancy begins at conception which is that point in time when a fertilized ovum implants in the endometrium of a woman.

(B) Notwithstanding the forgoing provisions of this section, the General Assembly may enact a law that would otherwise violate this section if the pregnancy to be terminated was the result of rape or incest; the termination of the pregnancy is necessary to preserve the life of the mother; or there exists a medical a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that it necessitates the immediate abortion of her pregnancy without first determining post-fertilization age to avert her death or for which the delay necessary to determine post-fertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.

(C)The General Assembly may enact laws necessary to enforce this section."

SECTION2. The proposed amendment in SECTION 1 must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Article I of the Constitution of this State, relating to the Declaration of Rights, be amended by adding Section 26 to provide that there is no state constitutional right an abortion provided that the General Assembly may enact exceptions for rape, incest, and the life or health of the mother?

Yes □

No □

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/