Current Status Bill Number:80 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:council\legis\bills\jic\5092djc .97 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject:Partial-birth abortion, felony, civil action; Medical, Crimes and Offenses, Torts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970220 Committed to Committee 13 SMA
Senate 19970220 Recalled from Committee 11 SJ
Senate 19970114 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-45 SO AS TO DEFINE THE CRIME OF PERFORMING A PARTIAL-BIRTH ABORTION, MAKE IT A FELONY, PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING PERFORMING A PARTIAL-BIRTH ABORTION TO THE LIST OF CRIMES DEFINED AS VIOLENT IN SECTION 16-1-60; AND BY ADDING SECTION 15-51-15 SO AS TO PROVIDE FOR A CIVIL ACTION AGAINST ANY PERSON AIDING, ABETTING, OR PERFORMING A PARTIAL-BIRTH ABORTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-45. (A) As used in this section, the term 'partial-birth abortion' means an abortion in which the person performing the abortion partially vaginally delivers a viable or living fetus before killing the fetus and completing the delivery.
(B) Whoever knowingly performs a partial-birth abortion and kills a human fetus is guilty of the felony of performing a partial-birth abortion.
(C) If the partial-birth abortion was performed by a physician, it is an affirmative defense to a prosecution under this section that the physician reasonably believed:
(1) the partial-birth abortion was necessary to save the life of the mother; and
(2) no other procedure would suffice for the purpose of saving the life of the mother.
(D) Upon conviction of the offense of performing a partial-birth abortion, the person must be punished as follows:
(1) for the first offense, by a fine of not less than ten thousand dollars nor more than twenty-five thousand dollars, no part of which may be suspended, and by a mandatory term of imprisonment of not less than five years nor more than twenty years;
(2) for a second offense, by a fine of not less than twenty thousand dollars nor more than thirty-five thousand dollars, no part of which may be suspended, and by a mandatory term of imprisonment of not less than ten years nor more than twenty-five years.
(3) For a third and subsequent offense, by a fine of not less than fifty thousand dollars nor more than one hundred thousand dollars, no part of which may be suspended, and by a mandatory term of imprisonment of not less than thirty years nor more than fifty years."
SECTION 2. The felony offense of performing a partial-birth abortion as defined by Section 16-3-45 is added to the list of crimes defined as violent by Section 16-1-60 of the 1976 Code.
SECTION 3. The 1976 Code is amended by adding:
"Section 15-51-15. (A) a person aiding, abetting, or performing a partial-birth abortion as defined in Section 16-3-45, whether convicted of the offense of performing a partial-birth abortion or not, is liable in a civil action for actual and punitive damages for causing death by a wrongful act in the manner provided by Section 15-51-10. Actual damages recoverable under this section include all elements of damages recoverable under Section 15-51-10, money damages for all injuries, psychological and physical, occasioned by the violation of Section 16-3-45, and damages equal to three times the sum of the fees charged for the abortion and the minimum fine imposed in the event of conviction, or the minimum fine that would have been imposed, had there been a conviction, under Section 16-3-45.
(B) If the partial-birth abortion was performed by a physician, it is an affirmative defense to a civil action under this section that the physician reasonably believed:
(1) the partial-birth abortion was necessary to save the life of the mother; and
(2) no other procedure would suffice for the purpose of saving the life of the mother.
(C) Every such action shall be for the benefit of the natural father, unless the pregnancy resulted from the natural father's criminal conduct, or unless the natural father consented to the abortion that resulted in the partial-birth abortion, then for the natural paternal grandparents if an otherwise eligible natural father is deceased, then, if the natural mother has not attained the age of eighteen years at the time of the abortion, for the maternal grandparents if an otherwise eligible natural father or paternal grandparents are deceased or ineligible, and then for the natural heirs at law of the aborted human fetus whose death was so caused. Each action shall be brought by or in the name of the executor or administrator of the aborted human fetus.
(D) Notwithstanding the provisions of subsection (C), no person whose criminal conduct contributed to the pregnancy that resulted in the abortion, or who aided, abetted, counseled, or consented to the abortion that resulted in the partial-birth abortion shall benefit from or take from the estate of the aborted human fetus."
SECTION 4. This act takes effect upon approval by the Governor.