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COMMITTEE AMENDMENT AMENDED AND ADOPTED
March 1, 2006
Introduced by Senators McConnell, Ritchie, Bryant, Campsen and Ford
S. Printed 3/1/06--S.
Read the first time January 25, 2006.
TO ENACT THE "UNBORN VICTIMS OF VIOLENCE ACT OF 2006" BY ADDING SECTION 16-3-1083, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT A PERSON WHO COMMITS A VIOLENT CRIME THAT CAUSES THE DEATH OF, OR INJURY TO, A CHILD IN UTERO IS GUILTY OF A SEPARATE OFFENSE AND THAT THE PERSON MUST BE PUNISHED AS IF THE DEATH OR INJURY OCCURRED TO THE UNBORN CHILD'S MOTHER; TO SPECIFY CERTAIN ELEMENTS THAT ARE NOT REQUIRED TO BE PROVEN; TO PROVIDE THAT THE PERSON MUST BE PUNISHED FOR MURDER OR ATTEMPTED MURDER IF THE PERSON INTENTIONALLY KILLED OR ATTEMPTED TO KILL THE UNBORN CHILD; TO PROHIBIT IMPOSING THE DEATH PENALTY FOR AN OFFENSE PROSECUTED PURSUANT TO THIS SECTION; AND TO PROHIBIT THE PROSECUTION OF A PERSON FOR CONDUCT RELATED TO AN ABORTION IF PROPER CONSENT WAS OBTAINED AND TO MEDICAL TREATMENT OF A PREGNANT WOMAN AND OF A WOMAN WITH RESPECT TO HER UNBORN CHILD.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Unborn Victims of Violence Act of 2006".
SECTION 2. Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1083. (A)(1) A person who commits a violent crime, as defined in Section 16-1-60, that causes the death of, or bodily injury to, a child who is in utero at the time that the violent crime was committed, is guilty of a separate offense under this section.
(2)(a) Except as otherwise provided in this subsection, the punishment for a separate offense, as provided for in subsection (A)(1), is the same as the punishment provided for that criminal offense had the death or bodily injury occurred to the unborn child's mother.
(b) Prosecution of an offense under this section does not require proof that:
(i) the person committing the violent offense had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or
(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child.
(c) If the person engaging in the violent offense intentionally killed or attempted to kill the unborn child, that person must, instead of being punished under subsection (A)(2)(a), be punished for murder or attempted murder.
(d) Notwithstanding any provision of this section or any other provision of law, the death penalty must not be imposed for an offense prosecuted under this section.
(B) Nothing in this section may be construed to permit the prosecution under this section:
(1) of a person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law;
(2) of a person for any medical treatment of the pregnant woman or her unborn child; or
(3) of a woman with respect to her unborn child.
(C) As used in this section, the term 'unborn child' means a child in utero, and the term 'child in utero' or 'child who is in utero' means a member of the species homo sapiens, at any state of development, who is carried in the womb."
(D) Nothing in this section shall be construed to broaden or restrict any other rights currently existing for the child who is in utero.
SECTION 3. If a section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are severable from other provisions.
SECTION 4. The repeal or amendment by this act of a law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish a penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
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