House Amendment 5
H 3774 - Session 125 (2023-2024)
Abortion Ban with Exceptions
View Vote History

Rep. Magnuson proposes the following amendment (LC-3774.VR0006H):

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

SECTION 1. Chapter 3, Title 16 of the S.C. Code is amended by adding:

Article 21

Violence to Unborn Children

Section 16-3-2310.As used in this article, "unborn child" means a living member of the species homo sapiens, at any state of development during a pregnancy, from detectability of fertilization until birth.

Section 16-3-2320. (A) The deliberate termination of an unborn child by any means or at any stage of development is murder under Section 16-3-10.

(B) Medical treatment provided by a licensed physician that results in the accidental or unintentional injury or death of the unborn child does not constitute a violation of this section.

Section 16-3-2330.(A) A person who commits a violent crime, as defined in Section 16-1-60, that causes the death of, or bodily injury to, an unborn child at the time that the violent crime was committed, is guilty of a separate offense under this section.

(B) The punishment for a separate offense under this section is the same as the punishment provided for that criminal offense had the death or bodily injury occurred to the unborn child's mother.

(C) Prosecution of an offense under this section requires proof that:

(1) the person committing the violent offense had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or

(2) the defendant intended to cause the death of, or bodily injury to, the unborn child.

Section 16-3-2340.Any person may be compelled to testify in any action or prosecution initiated pursuant to this article; provided, however, that such testimony may not be used in any other action or prosecution against such witness and the witness is forever exempt from any prosecution for the act concerning which the witness testifies, except prosecution for perjury.

SECTION 2. The provisions of this act supersede the following:

(1) Section 14-8-200(b)(7) of the S.C. Code;

(2) Section 16-3-1083 of the S.C. Code:

(3) Chapter 41, Title 44 of the S.C. Code; and

(4) Any provision of the S.C. Code that could otherwise be construed to allow for the deliberate termination of an unborn child, without limiting common law defenses of duress, necessity, or mistake of fact.

SECTION 3. This State and its political subdivisions, and agents thereof, are not required to enter an appearance, special or otherwise, in any federal suit challenging this act.

SECTION 4. Pursuant to the powers granted to the General Assembly by Article XV of the South Carolina Constitution, 1895, any judge of this State who purports to enjoin, stay, overrule, or void any provision of this act is subject to impeachment or removal from office.

SECTION 5. This act takes effect upon approval by the Governor.