House Amendment 926
S 474 - Session 125 (2023-2024)
Abortion - Fetal Heartbeat

Rep. Bauer proposes the following amendment (LC-474.VR1089H):

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

SECTION X. Section 44-41-30 of the S.C. Code is amended to read:

Section 44-41-30. (A) Consent is required before the performance of an abortion from the pregnant woman or the pregnant minor in every case and in the case of a minor, it must be obtained pursuant to the provisions of Section 44-41-31.

(B) In the case of a woman  or minor who is under adjudication of mental incompetency, other than incompetency due to age, by a court of competent jurisdiction, consent must be obtained from her spouse or a legal guardian if she is married; if she is not married, from one parent or a legal guardian.

(C) Notwithstanding the consent required in subsections (A) and (B) consent must be waived if: 

 (1) a physician determines that a medical emergency exists involving the life of or grave physical injury to the pregnant woman  or pregnant minor; or

 (2) the pregnancy is the result of incest. 

(D) In cases of incest the physician performing the abortion shall report the alleged incest to the local county department of social services or to a law enforcement agency in the county where the child resides or is found. Failure to report is a violation punishable under the child abuse laws of this State. 

(E) Nothing in this section permits a physician to perform an abortion without first obtaining the consent of the pregnant woman  or pregnant minor if she is capable of giving consent.

SECTION X. Sections 44-41-31, 44-41-32, 44-41-33, and 44-41-34 of the S.C. Code are repealed.