House Amendment 783
S 474 - Session 125 (2023-2024)
Abortion - Fetal Heartbeat

Reps King and Bamberg propose the following amendment (LC-474.VR0232H):

Amend the bill, as and if amended, by striking SECTION 1 of the Senate-passed version of the bill, containing Article 6, Chapter 41, Title 44, and inserting:

SECTION X. Sections 44-41-620 through 44-41-630 of the S.C. Code are amended to read:

 Section 44-41-620. (A) A court judgment or order suspending enforcement of any provision of this chapter is not to be regarded as tantamount to repeal of that provision. Nothing in this article prohibits the sale, use, prescription, or administration of a contraceptive

 (B) If the United States Supreme Court issues a decision overruling Roe v. Wade, 410 U.S. 113 (1973), any other court issues an order or judgment restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, or an amendment is ratified to the Constitution of the United States restoring, expanding, or clarifying the authority of states to prohibit or regulate abortion entirely or in part, then the Attorney General may apply to the pertinent state or federal court for either or both of the following:

 (1) a declaration that any one or more of the statutory provisions specified in subsection (A) are constitutional; or 

 (2) a judgment or order lifting an injunction against the enforcement of any one or more of the statutory provisions specified in subsection (A). 

 (C) If the Attorney General fails to apply for relief pursuant to subsection (B) within a thirty-day period after an event described in that subsection occurs, then any solicitor may apply to the appropriate state or federal court for such relief.

 Section 44-41-630.An abortion provider who is to perform or induce an abortion, a certified technician, or another agent of the abortion provider who is competent in ultrasonography shall: 

 (1) perform an obstetric ultrasound on the pregnant woman, using whichever method the physician and pregnant woman agree is best under the circumstances; and

 (2) during the performance of the ultrasound, display the ultrasound images so that the pregnant woman may view the images; and

 (3) record a written medical description of the ultrasound images of the unborn child's fetal heartbeat, if present and viewable.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Sections 44-41-640, 44-41-650, 44-41-660, 44-41-670, 44-41-680, 44-41-690, and 44-41-700 of the S.C. Code are repealed.